ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 September 2019

	DOCKET NUMBER:  AR20170013833

APPLICANT REQUESTS:  his narrative reason for separation changed

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)
* General Discharge Certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 a mistake was made on his DD Form 214, which was recently sent to him.

3.  The applicant provides a copy of his General Discharge Certificate, showing he was discharged on 31 July 1957, under honorable conditions.  

4.  A review of the applicant’s service record shows:

	a.  He entered the Regular Army on 12 January 1956, as a Combat Engineer.

	b.  The facts and circumstances surrounding the applicant’s DD Form 47/4 (Induction or Enlistment/Reenlistment Record) and service record is not available for the Board to review.

	c.  The applicant’s DD Form 214 shows he was honorably discharged on 31 July 1957, under the provisions of Army Regulations 635-205 (Personnel Separations Discharge and Release Convenience of the Government), Paragraph 2.  It also shows he completed 1 year, 5 months and 26 days of net service.  He was awarded or authorized the Sharpshooter Marksmanship Badge with Carbine Bar.

5.  By regulation, (AR 635-205), paragraph 2, in effect at the time provided that the separation of enlisted personnel for the convenience of the government and the type of discharge were the prerogative of the Secretary of the Army and would be effected only by his authority.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some relief was warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the applicant’s separation document does not show a specific narrative reason for separation and he did not contend what should be reflected ; however, the Board agreed the authority for the separation should show AR 635-208.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11c on his DD Form 214 for the period ending 31 July 1957 by deleting “AR 635-205” and adding “AR 635-208.”  

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the reason for separation.

 
	 
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 635-205 (Personnel Separations Discharge and Release Convenience of the Government), in effect at the time, set forth the basic authority for the separation of enlisted personnel for the convenience of the government.  Paragraph 2 of this regulation provided that the separation of enlisted personnel for the convenience of the government and the type of discharge were the prerogative of the Secretary of the Army and would be effected only by his authority.  Paragraph 2 also listed the various categories for each type of discharge or release from active military service and the appropriate SPN code.  SPN codes, in effect at the time, were issued to all discharging military personnel.  These codes were placed on the DD Form 214 and provided a summary and characterization of the veteran's military service.  These codes were intended solely for use by military recruiters for enlistment/reenlistment review and the Department of Defense for statistical analysis.  

3.  Army Regulation 635-5 (Personnel Separations - Administrative Separation Procedures and Forms), appendix I, listed all SPNs used at the time.  An SPN of 764 indicated completion of term of service. 

4.  Army Regulation 635-200 (Personnel Separations Enlisted Personnel), in effect now, sets forth the basic authority for the separation of enlisted personnel:

   a.  Paragraph 3-7a (Honorable Discharge) a states an honorable discharge is a separation 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.

   b.  Paragraph 3-7b (Dishonorable Discharge) states 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.  
   
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013833


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