ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20170003681


APPLICANT REQUESTS:  an upgrade to his character of separation


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Report of Separation from the Armed Forces of the United States)

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 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 applicant states his DD Form 214 (Report of Separation from the Armed Forces of the United States) should read “General, Under Honorable Conditions”.

3.  The applicant provides a copy of his DD Form 214.

4.  The applicant’s DD Form 214 shows he:

* inducted into the Army of the United States on 30 January 1952
* completed 2 months and 11 days of active service
* received a service characterization of “general”

5.  The applicant'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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.


6.  By regulation, individuals who demonstrate inaptitude or unsuitability for military service, but whose psychiatric or physical condition is not such as to warrant discharge
for disability will be disposed of under AR 615-369.  An individual discharged for inaptitude or unsuitability will be furnished a General Discharge Certificate.

7.  In reaching its determination, the Board can consider the applicant’s petition in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was warranted.  The Board agreed that the applicant’s current DD 214 characterization was an error which warranted correction.  For that reason, the Board recommended changing the characterization to read “Under Honorable Conditions (General)”.

2.  BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Under Honorable Conditions (General).
	 
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 Army Board for Correction of Military Records (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 (AR) 615-369 (Enlisted Personnel – Discharge – Inaptitude or Unsuitability), in effect at the time, provided for the discharge of individuals who have demonstrated inaptitude or unsuitability for military service, but whose psychiatric or physical condition is not such as to warrant discharge for disability.

	a.  Inaptitude – Discharge for inaptitude will be effected when it is determined that an individual does not possess the required degree of adaptability for military service after reasonable attempts have been made to reclassify and reassign him in keeping with his abilities and qualifications.  This includes individuals whose inaptness may be due to lack of general fitness, want of readiness or skill, or unhandiness.

	b.  Unsuitability:

		(1)  Discharge for unsuitability will be effected when it is determined that an individual is unsuitable for further military service because of any of the following reasons:  lack of stamina, character or behavior disorders, mental deficiency, apathy, nonpersistent but temporarily disruptive reactions to acute or special stress, enuresis.

		(2)  Care will be taken to differentiate between the individual who is definitely psychologically maladjusted and therefore manifests reactions and conditions as indicated above and one who manifests unfitness.  Care will be taken also to determine the question of responsibility of the individual for his acts; doubtful cases will be referred to a board of officers.

		(3)  It is generally accepted medical and psychiatric opinion that enuresis is not necessarily a habit.  It may be a symptom of some underlying mental or physical condition.  Underlying causes or enuresis may be an organic disease, psychoneurosis, psychosis, psychopathic personality, lack of proper juvenile training, or mental deficiency.  In each case a complete mental and physical evaluation of the person afflicted will be accomplished by qualified medical officers, and a decision made as to disposition.

	c.  An individual discharged for inaptitude or unsuitability will be furnished DD Form 257A (General Discharge Certificate).

3.  AR 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, states an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier’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.

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence.  BCM/NRs may grant clemency regardless of the type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.  Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.


ABCMR Record of Proceedings (cont)	 AR20170003681


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