ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170013712 APPLICANT REQUESTS: a copy of his honorable discharge he received a year after his separation but cannot find. An upgrade of his general, under honorable conditions discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * 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 (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 would like a copy of his discharge which is honorable. He received it 1 year after his separation and he can’t find it. He states his first sergeant did not like him. He states he was 9 days late returning from a leave for personal reasons and he was injured in a practice jump in Watertown, NY. He stated he had very good record for 3 years, he had a broken pelvic and hip from training. He was in a body cast for a very long time and then put on light duty until discharge. He provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a DD Form 149 (Application for Correction of Military Record). On the DD Form 149 he states discharge from general under honorable conditions to honorable discharge he received an honorable discharge about 1 year after separation but can’t find it. 3. A review of the applicant’s record shows: a. He enlisted in the Regular Army on 2 May 1951. b. DA Form 458 (Charge Sheet), dated 1 August 1951, reflects the applicant was charged with one specification of absent without leave (AWOL) from 23 July 1951 and did remain absent until 30 July 1951. c. His record is void of any record of consultation with legal counsel who would advise him of the contemplated trial by court-martial and the maximum permissible punishment authorized under the Uniform Code of Military Justice and the possible effects of the type of discharge he could expect, and the procedures and rights available to him. d. On 4 August 1951, he was tried by summary court-martial and was found guilty of one specification of AWOL. The court sentenced him to be confined at hard labor for 21 days and forfeiture of $35.00. e. On 4 August 1951, the convening authority approved only so much of the sentence as provided forfeiture of $35.00, but the confinement was suspended. f. The applicant was discharged from the Army on 10 May 1954. His DD Form 214 shows he was discharged under the provisions of AR 615-360 for reaching his expiration term of service. His service was characterized as general, under honorable conditions. It also shows he completed 3 years net service with 9 days lost time. He was awarded or authorized: * Parachutist Badge * National Defense Service Medal 5. AR 615-360, paragraph 16, states discharge of an enlisted person by reason of expiration of term of service may be accomplished at any installation having the facilities required for separation processing. 6. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. 7. 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. 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 found relief was warranted. Based upon the amount of honorable service completed, as well as just one incident of any type of misconduct which the Board found to be minor in nature, the Board found the punishment harsh, understanding this was during 1951. As a result, the Board voted to grant clemency and upgrade his discharge to Honorable. 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 615-360 (Enlisted Personnel Discharge), in effect at the time, established procedures for expiration of term of service. When no Reserve obligation remains discharge of an enlisted person by reason of expiration of term of service (ETS) may be accomplished at any installation having the facilities required for separation processing. Discharge under the provisions of paragraph 3b, AR 615-365, may also be accomplished at such installations. 3. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable) provided that 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. b. Paragraph 3-7b (General) provided that a general discharge is a separation from the army under honorable conditions. When authorized it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. It will not be issued to soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to Active Duty. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170013712 4 1