ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 March 2020DOCKET NUMBER: AR20190014806 APPLICANT REQUESTS: the applicant, the widow of a deceased former service member (FSM), requests an upgrade of the FSM's undesirable discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .Certificate of Birth .Certificate of Death .National Archives (NA) Form 13038 (Certification of Military Service) .Department of Veterans Affairs (VA) letter, dated 9 January 2013, partial FACTS: 1.The FSM's complete military record is not available to the Board for review. A firedestroyed approximately 18 million service members' records at the National PersonnelRecords Center in 1973. It is believed that his records were lost or destroyed in thatfire. However, there were sufficient documents on file for the Board to conduct a fairand impartial review of this case. This case is being considered primarily using his NAForm 13038 and documents provided by the National Archives and RecordsAdministration. 2.The applicant states, in effect, the FSM lived out his life as a good husband, man,friend, and American who lived for over 50 years under the impression he would havethe ability to be buried in a military cemetery which was to be handed over to hissurviving spouse upon his death. Proof of what happened could not be obtained due toa fire at the National Personnel Records Center in St. Louis, MO. 3.The FSM's DD Form 214 (Report of Separation from the Armed Forces of the UnitedStates) is not present in his records; however, his NA Form 13038 states he enteredactive duty as a member of the Regular Army (RA) on 10 January 1955. 4.Evidence located in the FSM's military pay records indicate the FSM was absentwithout leave for the period 28 December 1955 to 4 January 1956. 5.Item 40 (Miscellaneous Information) of his Military Pay Record shows the FSM wasdischarged from the RA on 17 December 1957, under other than honorable conditionsin accordance with paragraph 1c, Army Regulation 635-208 (Personnel Separations -Discharge - Undesirable Habits and Traits of Character). The Separation ProgramNumber associated with his discharge is listed as 488, which stands for generalunfitness, a discharge because of undesirable habits or traits of character. 6.The FSM's NA Form 13038 states he received an undesirable discharge effective 17 December 1957. 7.The applicant provides a partial letter from the VA National Cemetery Administration,dated 9 January 2013, who denied her request for burial of the FSM based on theFSM's under other than honorable conditions discharge. 8.There is no evidence that the applicant applied to the Army Discharge Review Boardfor upgrade of his discharge within its 15-year statute of limitations. 9.Army Regulation 635-208 provides procedure and guidance in the elimination fromthe service of enlisted personnel having undesirable habits and traits of character. Theregulation also provided that when discharged because of unfitness an undesirabledischarge will be furnished. An honorable discharge is a separation with honor andentitles the recipient to benefits provided by law. The honorable characterization isappropriate when the quality of the member's service generally has met the standardsof acceptable conduct and performance of duty for Army personnel, or is otherwise someritorious that any other characterization would be clearly inappropriate. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The board applied Office of the Secretary of Defense standards of liberal consideration and clemency to the complete evidentiary record, including the applicant’s statement and found insufficient evidence of error, injustice, or inequity; the applicant had limited creditable service, no wartime service and insufficient evidence of the circumstances of his discharge. Neither did the Board find sufficient evidence of post-service honorable conduct that might have mitigated the the discharge characterization. The Board agreed that the applicant’s discharge characterization is appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X CHAIRPERSON 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.Army Regulation 635-208, then in effect, provides procedure and guidance in theelimination from the service of enlisted personnel having undesirable habits and traits ofcharacter. The regulation provided for the separation of personnel for the followingreasons: (1) gives evidence of habits or traits of character manifested by antisocial oramoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying,homosexuality, sexual perversion, or misconduct; (2) unclean habits, including repeatedvenereal infections; (3) repeatedly committed petty offenses not warranting trial bycourt-martial; (4) habitual shirker; (5) recommended for discharge by a board of medicalexaminers, not because of a physical or mental disability, but because he possesses apsychopathic (antisocial) personality disorder or defect, or is classified as having “nodisease” by the board, and his record of service reveals frequent disciplinary actionsbecause of infractions of regulations and commission of offenses, and/or it is clearly evident his complaints are unfounded and are made with the intent of avoiding service; and (6) demonstrates behavior, participates in activities, or associations which tend to show that he is not reliable or trustworthy. The regulation also provided that when discharged because of unfitness an undesirable discharge will be furnished. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. 3. 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 will decide cases on the evidence of record; it is not an investigative body. The regulation provides that the ABCMR 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. //NOTHING FOLLOWS//