ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2019 DOCKET NUMBER: AR20170001231 APPLICANT REQUESTS: the former service member’s (FSM) daughter, requests an upgrade to his undesirable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Certification of Service * FSM Service Records * Certificate of Death State of Colorado * Power of Attorney * Letter from Next of Kin FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The FSM's military 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 his records were lost or destroyed in that fire. However, some documents are illegible, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant, the daughter of the FSM states they were previously advised that it was possible to change her late fathers discharge status. She would now like to respectfully request to change and upgrade his discharge from undesirable to general, under honorable conditions. The family feels this request is justified for the following reasons: In 1952 the FSM’s mother was given a dire medical diagnosis and not expected to live long with her unborn child. The family member states if you look at his records and see his absent without leave (AWOL) dates in July 1952, then September 1952 to December 1952. His mother passed away on October 18, 1952. The story that has always been told is that the FSM was desperate to be with his mother during this time and after her death he was mourning and had anger that he was dealing with. The FSM admitted in his later years that he should not have done what he did and that grief makes us do things we would not ordinarily do. 4. The applicant provides: a. A copy of the FSM’s Certification of Military Service, which shows his service was terminated by an undesirable discharge on 3 July 1954. b. A copy of the FSM’s Certificate of Death. c. A Power of Attorney from the State of Colorado. d. Letter from the applicant, which outlines what documents are included in the application package, including a power of attorney from her mother, who now has dementia and is unable to function. She reiterates the reason for the FSM’s action in the service as suffering from the loss of his mother and her unborn child and the grief and anger that ultimately led to his discharge. She says although the FSM has been deceased for some time now, she is pleading with the Board to consider changing his discharge. 5. A review of the FSM’s service record shows: a. His record is void of an actual enlistment contract; however, his available records show he was inducted into the Army of the United States on 1 February 1952. b. His record is void of any charge sheets or Article 15’s, but it does contain documentation showing that the FSM departed his unit in an AWOL status and was confined on the following dates: * 7 July to 26 September 1952 – AWOL * 27 September to 19 November 1952 – Confined * 1 December 1952 to 3 February 1953 – AWOL * 4 February to 26 May 1953 – Confined * 6 July to 25 August 1953 – AWOL * 26 August 1953 to 21 January 1954 – Confined * 12 April to 27 April 1954 – AWOL c. On 19 May 1954, a psychiatric evaluation was requested for the FSM. d. On 25 May 1954, the FSM was found not to have a physical disorder and to be mentally responsible, both to distinguish right from wrong, and to adhere to the right. It was recommended here that the FSM be separated from the service under the provisions of Army Regulation (AR) 615-368 (Enlisted Personnel – Discharge Unfitness), for unfitness for military service. e. The FSM was ordered to appear before a board of officers that was scheduled to convene on 7 June 1954. The reason for the board was to inquire into his alleged unfitness for further military service and determine whether he should be eliminated from the service under the provisions of AR 615-638, unfitness. f. The FSM’s record is void of the complete separation packet, however, it does have a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows he was discharged on 3 July 1954 and issued a character of service as undesirable. It also shows that he completed 1 year, 1 month and 29 days of net service this period and 1 year, 4 months and 1 days of prior net service with 466 days lost time. 6. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 7. By regulation, AR 615-368, when an individual has already demonstrated that he is totally unfit for further retention in the military service for any of the reasons indicated below, and his rehabilitation is considered impossible after repeated attempts to accomplish same have failed (except where attempts at rehabilitation are impracticable as in confirmed drug addiction, homosexuals, etc.), his commanding officer will report the facts (see (2) below) to the next higher commander and recommend that the individual be required to appear before a board of officers convened under the authority contained herein. 8. The Board should consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: The Board carefully considered the applicants request, supporting documents, evidence in the FSM’s record and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, the FSM’s record of service, the frequency and nature of his misconduct, the reason for his separation and whether to apply clemency. The Board found insufficient evidence of in-service mitigating factors for the misconduct and the applicant provided no evidence of post-service achievements or letters in support of a clemency determination. Base on a preponderance of evidence, the Board determined that the character of service the FSM received upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 615-368, in effect at the time states when an individual has already demonstrated that he is totally unfit for further retention in the military service for any of the reasons indicated below, and his rehabilitation is considered impossible after repeated attempts to accomplish same have failed (except where attempts at rehabilitation are impracticable as in confirmed drug addiction, homosexuals, etc.), his commanding officer will report the facts (see (2) below) to the next higher commander and recommend that the individual be required to appear before a board of officers convened under the authority contained herein. a. Gives evidence of habits or traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, or misconduct. b. Unclean habits, including repeated venereal infections. c. Repeatedly committed petty offenses not warranting trial by court-martial. d. Habitual shirker. e. Recommended for discharge by a board of medical examiners, not because of a physical or mental disability, but because he possesses a psychopathic (antisocial) personality disorder or defect, or is classified as having “no disease” by the board, and his record of service reveals frequent disciplinary actions because of infractions of regulations and commissions of offenses and/or it is clearly evident his complaints are unfounded and are made with the intent of avoiding service. f. Great care will be exercised in the evaluation of an individual prior to recommending that he appear before a board of officers or be discharged for any of the reasons indicated above. When appropriate, all aspects of the character guidance program will be employed prior to making such recommendations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001231 4 1