BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005075 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 BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005075 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. BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005075 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 his undesirable discharge be upgrade to an honorable discharge. 2. The applicant states the Red Cross appealed on his behalf and an honorable discharge form was sent to him. He just found out that the change was not officially made. 3. The applicant provides a self-authored statement and the following: * partially legible copy of his WD AGO Form 0528 (Transcript from Enlisted Record) * partially legible copy of a DD Form 256A (Honorable Discharge Certificate) * National Archives (NA) Form 13038 (Certification of Military Service), dated 29 January 2015 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 service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, he provides sufficient documents for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 16 March 1949. 4. The applicant's record is void of a discharge packet containing the specific facts and circumstances surrounding his discharge. However, he provides a Certification of Military Service that shows he was discharged on 9 January 1950, in the rank of private, and his service was terminated by an undesirable discharge. 5. There is no indication the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 6. The Army Review Boards Agency requested the applicant provide any separation documents in support of his request. On 23 July 2017, he provided a statement, wherein he stated he was sorry to say that the requested documents were not in his possession. 7. The applicant provides: a. A self-authored statement, wherein he states he joined the Army at 17 years of age and was discharged at 18 years of age. He does not know why he was discharged. The only thing he can think of is that he lied on his application regarding his citizenship status. He was not a citizen at that time. b. His Transcript from Enlisted Record that shows he served in military occupational specialty 0835 (Supply Clerk). He was credited with 9 months and 24 days of total active duty service. c. An illegible copy of an Honorable Discharge Certificate. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides 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 provides 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. DISCUSSION: 1. The applicant's request for an upgrade of his undesirable discharge was carefully considered. He contends his discharge was appealed by the Red Cross and he was issued an honorable discharge. 2. The specific facts and circumstances pertaining to his undesirable discharge are unavailable for review. In the absence of evidence to the contrary, it is presumed his administrative separation was accomplished in compliance with applicable regulations at the time with no procedural errors which would tend to jeopardize his rights. 3. An honorable discharge is a separation from the Army with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005075 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005075 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2