IN THE CASE OF:	

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090013849 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an Honorable Discharge Certificate.

2.  The applicant states that he received a DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge), but not an Honorable Discharge Certificate.  He would like his records reviewed to determine his eligibility to receive this certificate.

3.  In support of his application, the applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 27 August 1963.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was advanced to the rank/grade of private first class (PFC)/E-3 on 29 April 1964.  He served in Alaska from 4 January 1964 to 1 July 1965.

3.  The applicant was honorably released from active duty on 7 July 1965 as an overseas returnee and he was transferred to the U.S. Army Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 showing he was credited with 1 year, 10 months, and 11 days of net active service and no lost time.

4.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, specified that discharge certificates, to include an Honorable Discharge Certificate, would be furnished to enlisted and inducted personnel when they are discharged.  It further stated that an honorable discharge certificate would be furnished when the individual meets the, following qualifications:

   (1) Has conduct ratings of at least "Good";

   (2) Has efficiency ratings of at least "Fair";

   (3) Has not been convicted by a-general court-martial; and

   (4) Has not been convicted more than once by a special court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he never received an Honorable Discharge Certificate had been noted and found to have merit.  In accordance with regulatory guidance in effect at the time, the applicant was entitled to the issuance of an Honorable Discharge Certificate on the date of his release from active duty on 7 July 1965.  His record shows he received "excellent" conduct and efficiency ratings during his term of service, and no record of any disciplinary actions.  Therefore, he is entitled to the issuance of an Honorable Discharge Certificate for his honorable service from 27 August 1963 to 7 July 1965.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


BOARD VOTE:

___X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 issuing the applicant an Honorable Discharge Certificate for his period of honorable service from 27 August 1963 to 7 July 1965.



      ___________X_____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090013849



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ABCMR Record of Proceedings (cont)                                         AR20090013849



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