IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150018093 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: 28 March 2017 DOCKET NUMBER: AR20150018093 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: 28 March 2017 DOCKET NUMBER: AR20150018093 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 correction of his discharge document to show: * his service characterization as honorable * the separation authority as Secretarial Authority * the date of separation as 21 July 1950 2. The applicant states: a. He was unfairly treated by the Army. He has carried the burden of his unfair discharge his whole life. b. The characterization of his service is unjust because: (1) his only misconduct was failing to return early from furlough when the Army sent a recall letter to his parents' house where he was not located; (2) he had served 3 years without any discipline or performance problems; (3) it is unfair to judge a period of service based only on an individual's performance during outprocessing; and (4) his service was honest, faithful, and meritorious. c. The service ending date is unjust because he was separated 1 week prior to his enlistment ending date due to a minor administrative error. d. He enlisted on 21 July 1947 for a period of 3 years. He served in Japan with the 24th Infantry Division for 2 years. In February 1950, he was flown from Japan to Fort Lewis, WA. e. He was furloughed out of the Army on 21 May 1950. It was a 60-day furlough for the remainder of his term of enlistment. He was told he was released from active duty and his discharge documents would be sent by mail. He left the service and moved to Michigan. f. In June 1950, the Army sent a letter to his mother, instructing him to report to the Dearborn Recruiting Office to complete his out-processing paperwork. He was not living with his mother at that time and she didn't have a telephone, so he did not receive the message and he did not report to the recruiting office on time. g. The Army declared him as absent without leave for failing to return early from furlough and they sent people to his mother's house to get him; however, he wasn't there. When he visited his mother's house on 14 July 1950, she told him what was happening and he went to the recruiting office. h. He reported to the recruiting office on 14 July 1950, 1 week before the end of his furlough. He was told they had already called his name and they issued him a general discharge under honorable conditions because he wasn't there. He was supposed to be discharged 1 week later on 21 July 1950. 3. The applicant provides no additional evidence. 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. The applicant's records were damaged in that fire; however, a portion of his records were recovered. There were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. His records contain partial orders, dated 22 July 1947, showing he enlisted in the Regular Army on 21 July 1947 for a period of 3 years. 4. His records contain a 9th Infantry Regiment Morning Report showing his duty status changed from duty to general discharge effective 14 July 1950. 5. His records contain a Certification of Military Service, dated 27 July 1979, showing he was a member of the Regular Army from 21 July 1947 to 14 July 1950. His service was terminated by general discharge under honorable conditions. REFERENCES: 1. Army Regulation 615-360 (Enlisted Men – Discharge – Release from Active Duty – General Provisions), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. An honorable discharge would be furnished when the individual met the following qualifications: * had all character ratings as a Soldier of at least "very good," except that ratings of "unknown" and ratings for periods of less than 1 month were not disqualifying * had all efficiency ratings as a Soldier of at least "excellent," except that ratings of "unknown" and ratings for periods of less than 1 month were not disqualifying * had not been convicted by a general court-martial * had not been convicted more than once by a special court-martial b. Individuals not qualifying for an honorable discharge would be furnished a general discharge. c. The discharge of an individual was effective on the date of notice of his discharge. Such notice might be either: * actual, as by delivery to the individual of the discharge certificate * constructive, where such actual delivery could not be made owing to his absence 2. 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: 1. The applicant contends he was placed on a 60-day furlough for the remainder of his term of enlistment and he failed to report for discharge on time. 2. The specific facts and circumstances surrounding his separation are not available for review. The evidence of record shows his duty status changed from duty to general discharge effective 14 July 1950. 3. In the absence of evidence to the contrary, administrative regularity must be presumed regarding his separation date, authority, and character of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018093 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2