IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008306 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008306 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. IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008306 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 under honorable conditions (general) discharge. 2. He states the characterization of his discharge was unjust and due to racial discrimination. 3. He provides his: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending 27 August 1961 * General Discharge certificate, dated 4 August 1964 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 enlisted in the Regular Army on 28 August 1958 and held military occupational specialty 173.00 (Air Defense Missile Fire Control Crewman). 3. His discharge packet is not available for review; however, his DA Form 24 (Service Record) shows in: * Section 4 (Chronological Record of Military Service) he received an “unsatisfactory” efficiency rating * Section 10 (Remarks) the entry “EM considered unreliable and also fails to follow directions” 4. His DD Form 214 shows: * he was released from active duty on 27 August 1961 and he was transferred to a U.S. Army Reserve unit in Omaha, NE * he held the rank/grade of private first class/E-3 (temporary) at the time of separation * he completed 3 years of service this period with no time lost * his service was characterized as under honorable conditions (general) 5. There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 6. He provides his General Discharge certificate from the United States Army Reserve, dated 4 August 1964. REFERENCES: 1. Army Regulation 635-200 set forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a of the regulation in effect at the time provided that an honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate. b. Paragraph 3-7b of the regulation in effect at the time provided that a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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: 1. The applicant requests to have his discharge upgraded to honorable. 2. His separation packet is not available for review; however, entries in his service record show he was unreliable and not able to follow instructions, indicating his characterization of service was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel. 3. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial and credible evidence to support a claim. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He has provided no information that would indicate the contrary. 4. He asserts there was racial discrimination; however, he has not provided any documentary evidence to support that claim. The ABCMR does not grant requests for upgrade of discharges based solely on an allegation. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2