IN THE CASE OF: BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20180001691 APPLICANT REQUESTS: The applicant, the spouse of a deceased former service member (FSM), requests an upgrade of the FSM’s undesirable discharge to general or fully honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certification of Military Service * Certificate of Death * Letter from Headquarters, 7th Infantry Division, dated 10 June 1951 * Memorandum for Rotatees from the Commanding General, 7th Infantry Division 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 she never heard of the FSM having any problems. The two letters that she provided from high ranking officers show his worth to the Army. She is not attempting to get any benefits. She wants to clear his good name. 3. The FSM’s complete 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, the documents the applicant provided along with the documents in a reconstructed record were sufficient to conduct a fair and impartial review of this case. 4. A Certification of Military Service shows the FSM entered the Regular Army on 4 August 1948. 5. The FSM’s reconstructed record contains General Orders Number 49, from Headquarters Personnel Center, Camp Stoneman, CA, Headquarters, First Cavalry Division, APO 20, dated 9 November 1953, showing he traveled from Camp Drake, Japan, on the USNS [United States Naval Ship] Breckenridge to the Continental United States, for separation processing at Camp Stoneman, CA. This document also shows he was being separated under the provisions of Army Regulation (AR) 615-368 (Enlisted Men – Discharge – Unfitness (Undesirable Habits or Traits of Character)) and authorized approved board proceedings (which are not available). His EDCSA [effective date of change of strength accountability] was 24 December 1953. 6. His Certification of Military Service confirms he was discharged on 24 December 1953 with an undesirable discharge, in the rank of private/E-1. He completed 5 years, 4 months, and 20 days of active military service. 7. AR 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness. This regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct. Unfitness included habits and traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, or misconduct. An undesirable discharge was normally considered appropriate. 8. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 9. The FSM’s spouse provides a: a. Death Certificate showing the FSM expired on 8 August 2011. His record also contains a VA application and Congressional Correspondence indicating the applicant requested a Government Headstone or Marker for the FSM. b. Letter, from the Commander, 7th Infantry Division, dated 10 June 1951, forwarding the FSM a photograph (not provided) that was taken when he was assigned to Headquarters, 7th Infantry. This letter also congratulates the applicant on rotation to the United States, after surviving some of the most arduous fighting in the history of war fare. c. Memorandum for Rotatees from the Commanding General, 7th Infantry Division congratulating the FSM on overcoming the adverse conditions of weather and terrain in Korea and the courage that he had shown while facing every challenge. 10. The complete facts and circumstances surrounding the FSM’s discharge are not available for review with this case. However, General Orders 49 show he was discharged, on 24 December 1953, under the provisions of AR 615-368 for unfitness with an undesirable discharge, as a result of authorized approved board proceedings. 11. He completed 5 years, 4 months, and 20 days of active military service. In reaching its determination, the Board should consider the applicant’s contentions, and his military service record, in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that as a matter of clemency, relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing his character of service as general under honorable conditions for the period of service ending on 24 December 1953. 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. AR 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness. This regulation provided for the discharge of individuals who had demonstrated their unfitness by giving evidence of habits and traits of character manifested by misconduct. Unfitness included habits and traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, or misconduct. An undesirable discharge was normally considered appropriate. 3. AR 615-368 also stated that a board of officers would recommend that the individual either be discharged because of unfitness or unsuitability, or retained in the service. The regulation stated that discharge, if recommended, would be for unfitness, except that discharge because of unsuitability (under AR 615-369 (Enlisted Personnel – Discharge – Inaptitude or Unsuitability)) without referral to another board might be recommended in borderline cases if military circumstances and the character of service rendered by the individual during his current period of service so warranted. As examples, such circumstances would apply where the cause of unfitness had been minor relative to the length of efficient service or where there had been a definite effort at self-control or where an individual had distinguished himself by an act of heroism during his current period of service which in itself reflected great credit on the individual and the military service. 4. AR 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, governs the separation of enlisted personnel. a. 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. 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. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001691 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180001691 5 ABCMR Record of Proceedings (cont) AR20180001691 4