ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20170008388 APPLICANT REQUESTS: his general, under honorable conditions characterization of service be upgraded to an honorable 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) * 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 (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 applicant states he was instructed by the United Services Automobile Association (aka USAA) that his discharge status needs to be updated from general, under honorable conditions to honorable if he wants to use any of their services, such as home and automobile insurance. 3. The applicant provides his DD Form 214, dated 14 April 1954. The relevant entries are as follows: * (Character of Separation), general under honorable conditions * item 8 (Reason and Authority for Separation), AR 615-365 PETS & Sec VI SR 615-360-5 * item 17 (Means of Entry Other Than by Induction), enlisted, 3 years * item 19 (Date and Place of Entry into Active Service), 9 May 51, Cleveland, Ohio * item 22 (Net Service Completed for Pay Purposes this Period), 2 years, 11 months, 6 days * item 26 (Foreign and/or Sea Service), 1 year, 4 months, 6 days * item 27 (Decorations, Medals, Badges), parachutist badge, Korean Service Medal w/2 Bronze Campaign Stars, National Defense Service Medal, United Nations Service Medal * item 29 (Wounds Received as a Result of Action with Enemy Forces), none 4. The applicant passed away on 20 August 2018. In correspondence with her United States Senator, the applicant’s widow requested that the processing of his application continue. Although she refers to additional requests for correction of his DD Form 214 involving the award of various medals, the instant application is the only application received by the Board. Accordingly, the only issue currently under consideration is applicant’s request for an upgrade of his discharge. 5. The applicant’s service record was among those destroyed in the 1973 fire at the National Personnel Records Center, St. Louis, Missouri. A review of his reconstructed service record, consisting only of medical information, shows: a. In June 1951, he was diagnosed and treated stateside for acute pharyngitis and acute bronchitis. b. In July 1952, he was diagnosed and treated stateside for acute urethritis. c. In August 1952, he was diagnosed and treated stateside for cellulitis on his fingers. d. In March 1953, he was diagnosed and treated in Korea for conjunctivitis. e. In January 1954, he was diagnosed and treated in Korea for psychoneurotic disorders/anxiety reaction. 6. The DD Form 214 was provided by the applicant and described in paragraph 3. 7. There is no evidence applicant previously applied to the Army Discharge Review Board. 8. By regulation (AR 615-365 and SR 615-360-5), Soldiers returning from overseas assignment with less than three months remaining on their obligation could be released prior to the expiration of their term of service for the convenience of the Government. 9. By regulation (AR 615-360), commanders had the discretion to award an honorable discharge (HD) to a Soldier whose service was generally honorable, but did not fully meeting the criteria established for automatic award of an HD. 10. The Board should consider the applicant’s petition and her service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the lack of evidence to show the reason for the discharge in the record to show an Under Honorable Conditions (General) discharge (and this being at no fault to the applicant or FSM), as well as the applicant being deceased, the Board concluded that clemency by upgrading to Honorable was appropriate. Deny all other requested awards within the daughter’s submission for lack of evidence. 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 Honorable. 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 (AR) 15-185 (Boards, Commissions, and Committees—Army Board for Correction of Military Records), currently in effect, provides policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. Paragraph 2-9 states the Board 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. 3. AR 615-365 (Enlisted Personnel—Discharge—Convenience of the Government), in effect at the time, set forth the conditions under which enlisted personnel of the Army may be discharged or released from the active military service for the convenience of the Government. The discharge or release from the active military service of enlisted personnel for the convenience of the Government is the prerogative of the Secretary of the Army and will be effected only by his authority. Such authority may be given either in an individual case or by an order applicable to all cases specified in an order. An honorable discharge, or other type of discharge as indicated, will be given. 4. Special Regulation 615-360-5 (Enlisted Personnel—Special Separation Criteria), in effect at the time, established special criteria for the early separation of enlisted personnel on active duty in the Army. Section VI (Separation of Oversea Returnees), paragraph 31c(1) stated, in pertinent part, that personnel of the Regular Army and Reserve components having less than three months to serve upon return to the continental United States or to the Territory or possession of the United States in which enlisted, will be discharged (Convenience of the Government–PETS), released from active duty and returned to former National Guard or Army Reserve status or released from active duty and transferred to the Army Reserve as required by law, as appropriate. 5. AR 615-360 (Enlisted Personnel—Discharge—General Provisions), in effect at the time, granted authority to certain commanders to order the discharge or release from active military service of enlisted and inducted persons prior to expiration of their terms of service and set forth criteria governing the issuance of honorable and general discharge certificates. Section III (Factors Governing Issuance of Honorable and General Discharge Certificates), paragraph 8 stated, in pertinent part, that an honorable discharge certificate will be furnished when the individual has character ratings of at least “very good”, has efficiency ratings of at least “excellent”, has not been convicted by a general court-martial, and has not been convicted more than once by a special court-martial. Paragraph 9 stated, in pertinent part, that individuals discharged under honorable conditions which do not qualify for an honorable discharge will be furnished a general discharge. Officers effecting discharge are authorized to deviate from this criteria and furnish an honorable discharge when, after considering all aspects of the individual’s service, it appears that furnishing a general discharge would not be in the best interest of the service or the individual. 6. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170008388 4 1