IN THE CASE OF: BOARD DATE: 2 September 2021 DOCKET NUMBER: AR20210008766 APPLICANT REQUESTS: an upgrade of his character of service from general, under honorable conditions to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Report of Separation from the Armed Forces of the United States) * General Discharge Certificate, United States Army Reserve (USAR) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant indicates in a statement provided with his application that the Army is the best thing that has happened to him. He did not know his service was not honorable until he applied for United Services Automobile Association (USAA) Insurance. In Korea he worked hard from the time he got up until the time he went to bed. He and his crew rebuilt the barracks, because he wanted to enjoy it. The warrant officer he worked for promoted him every time he could. He was advanced to specialist four and he was proud. He was age 19 when he joined the Army and his life was turned around 100 percent. He is age 86 and he wants to leave this world with an honorable discharge. 3. The applicant’s complete record is not available. However, the available evidence contains Special Orders 2XX, Headquarters Transfer Station “6021st SU,” Fort Lewis, WA, dated 21 November 1955, showing the applicant was among the personnel released from Transfer Station “6021st SU," Enlistment Detachment, Fort Lewis, WA, and active duty not by reason of physical disability and transferred to the USAR on EDCSA [Effective Date of Change of Strength Accountability] for completion of 8 years of service under the Universal Military Training and Service Act (UMT&SA), EDCSA: 22 November 1955. Instruction per station as indicated. Each is assigned to the USAR Control Group (Reinforcement) of the military district shown opposite his name effective day following date of release from military service. Home address of record as indicated, each will be given a Report of Separation (DD Form 214) and Certificate of Service (DD Form 2174). Lump sum pay for unused accrued leave “MOP auth.” Total service for grade E-4 as indicated. This order contains the following list of names and the applicant’s name is included as follows: GRADE Name Branch of Service Military Last Perm Station MOS Race Home of Record District Total Service SP3 WHS “Armd” Texas “APO 301” 511.10 “CAU” D____ Texas 21 Months 4. The applicant also provided the following documents: a. A DD Form 214 that was prepared, on 22 November 1955, at the time of separation showing he completed 1 year, 2 months, and 17 days of active military service. His DD Form 214 also shows in: * Character of Service, General, Under Honorable Conditions * Grade, Rate, Rank, and Rate of Appointment, SP3 (T), 28 September 1955 * Specialty Number, 511.10 * Type of Separation, Released from Active Military Service * Reason and Authority for Separation, Released to Army Reserve, AR635-250, and Section III SR 615-350-5, SPN 04 * Inducted, 9 October 1953 * Component and Branch, “USAR ARMD” * Net Service Completed for Pay Purposes This Period, 1 year, 2 months, and 17 days * Foreign and or Sea Service, 1 year, 1 month, and 18 days * Awards and Decorations, the National Defense Service Medal, United Nations Service Medal, and Korean Service Medal * Signature of Person Separated, the applicant’s signature b. General Discharge Certificate, issued by the USAR, on 30 September 1961. 5. AR 635-250 (Personnel Separations –Release to National Guard and Army Reserve) provides administrative procedures for relief from active duty and transfer to the Army Reserve, or release to the Army Reserve or National Guard, of enlisted personnel who have a service obligation under the UMT&SA, and for release to the Reserve components those members thereof who at the time of relief from active duty have no service obligation under the UMT&SA, but who have a current portion of enlistment remaining. 6. In reaching its determination, the Board can consider the applicant’s petition, his Korean service, and his service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: 1. The Board carefully considered the applicant's request, supporting documents, evidence in the records, and published Department of Defense guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the reason for his separation, and whether to apply clemency. 2. The Board found evidence of in-service mitigating factors in support of a clemency determination. While the available records do not document the misconduct that led to the applicant receiving a general, under honorable conditions, character of service, the Board noted his service in Korea and the fact that when he was released from active duty he was retained in the USAR to complete his statutory service obligation. The Board found this evidence sufficient as a basis for clemency. Based on a preponderance of evidence, the Board determined the applicant's character of service should be changed to honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 to show his character of service as honorable and by issuing him an Honorable Discharge Certificate. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-250 provides administrative procedures for relief from active duty and transfer to the Army Reserve, or release to the Army Reserve or National Guard, of enlisted personnel who have a service obligation under the Universal Military Training and Service Act (UMT&SA), as amended, hereinafter referred to as the UMT&SA, and for release to the Reserve components those members thereof who at time of relief from active duty have no service obligation under the UMT&SA, but who have a current portion of enlistment remaining. 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008766 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210008766 5 ABCMR Record of Proceedings (cont) AR20210008766 4