IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007353 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 upgrade of his discharge under other than honorable conditions to general under honorable conditions. 2. The applicant states: * he believes his records should be changed due to the fact that he was young and didn't know any better * he has lived with the past for too long and is sorry for his past actions * he made many bad choices in his younger years but he doesn't want those choices to carry on to his family's future * he loves his country and would like his discharge upgraded for the sake of his family 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * letter of recommendation 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 are not available for review. The Army Review Boards Agency requested his service records from the National Personnel Records Center; however, the request was returned without success. 3. The facts and circumstances surrounding his discharge are not available for review. The DD Form 214 provided by the applicant shows he enlisted in the Regular Army on 10 December 1954 at the age of 17. He was discharged on 7 August 1957 and credited with 2 years, 7 months, and 28 days of total active service. The reason and authority for his discharge is shown as Army Regulation 635-208 (Personnel Separations – Discharge – Undesirable Habits and Traits of Character) with separation program number (SPN) 488. His character of service is shown as under other than honorable conditions. He was issued a DD Form 258A (Undesirable Discharge Certificate). 4. He also provided a letter of recommendation authored by the prior pastor of the Livingston Methodist Church, dated 15 July 1966. He attests to knowing the applicant his entire life as the applicant's parents were members of the church during the time he was pastor from 1935 to 1955. He baptized the applicant, he received him into membership of the church, and he saw him grow up to be a fine young man. He requests that the applicant be given another chance. 5. Army Regulation 635-208, in effect at the time, provided procedures and guidance in the elimination from the service of enlisted personnel having undesirable habits and traits of character. a. A recommendation for discharge because of undesirability would be made in the case of an enlisted person who: * gave evidence of habits and traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, or misconduct * possessed unclean habits, including repeated venereal infections * repeatedly committed petty offenses not warranting trial by courts-martial * was a habitual shirker * was recommended for discharge by a disposition or other board of medical officers because he possesses a psychopathic (antisocial) personality disorder or defect, or was classified as having "no disease" by the board and his record of service revealed frequent disciplinary actions * demonstrated behavior or participated in activities or associations which tended to show he was not reliable or trustworthy b. When discharged because of undesirable habits or traits of character, an Undesirable Discharge Certificate would be furnished. 6. Army Regulation 635-5 (Administrative Separation Procedures and Forms), in effect at the time, showed that SPN 488 was authorized for separations under the provisions of Army Regulation 635-208 with the following associated narrative reason: "Unfitness (general). Discharge because of undesirable habits or traits of character." 7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-7 provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for an upgrade of his discharge under other than honorable conditions to general under honorable conditions was carefully considered. 2. The applicant's military records are not available for review, thus the facts and circumstances surrounding his discharge are unknown. It is incumbent upon the applicant to provide a compelling argument supported by corroborating documentation to show his records are in need of correction based on an injustice or inequity. In the absence of such evidence, administrative regularity is presumed with regard to his discharge. 3. There is no indication his discharge was not accomplished in compliance with applicable regulations without procedural errors which would have jeopardized his rights. It is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150007353 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007353 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1