IN THE CASE OF: BOARD DATE: 17 February 2022 DOCKET NUMBER: AR20220002233 APPLICANT REQUESTS: the character of service of her deceased husband, a former service member (FSM), be changed from general to honorable, and that he be designated a disabled veteran. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certification of Military Service, 28 January 1946 to 7 February 1949 * Death Certificate * Faded WD AGO Form 53-58 (Enlisted Record and Report of Separation – General Discharge) * Hospital Medical Records * Printouts related to Coronary Diseases , Charts, Graphs, Notes, and Consults, etc. * Department of veteran Affairs Medical Records, Procedures, Progress Notes, Consults, Problem Lists, etc. * Medical Records * Other Healthcare Records, Charts, and Notes * Printouts from “MyChart” from various healthcare facilities FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 FSM’s service records are available for review. An exhaustive search was conducted to locate the service records, but they could not be found. It is possible they may have been affected by the 1973 fire at the National Personnel Records Center. The only documents available were the documents provided by the applicant: Faded WD AGO Form 53-58, Certification of Service, and post-discharge medical records (Civilian and VA). 3. The applicant states she is requesting to change his "character of service" to "honorable discharge" so that he may receive burial services at Arlington National Cemetery. She is also requesting to change his medical status to "disabled veteran." She adds that before his death, her husband shared the following: a. From basic training in her husband arrived at Camp Bill & Camp Stoneman in California, then via 30-day ship travel arrived at a small island called "teneanne" then was deployed to several other small islands until 1945, he was then shipped to the Philippines for R&R but in 1946, he was deployed to Korea, then in 1946 he got sick in Seoul with rheumatic fever which left him with rheumatic fever heart related problems, he was shipped back on a ship that had been convened to into a hospital ship arriving into San Francisco, where he was then shipped to Walter Reed Army Hospital. b. He remained at Walter Reed until his ETA- never returning to active duty. His VA records at both will show a history of problems associated with this disease which include bean valve repair. 4. Review of the FSM’s available service records show: a. He has a Certification of Military Service, issued by the General Service s Administration, on 7 February 1977, that shows he served honorably in the Army of the United States from 16 November 1945 to 28 January 1946. b. A second Certification of Military Service, issued by the National Archives on 6 April 1992 shows the FSM served in the Regular Army from 28 January 1946 to 7 February 1949. On discharge, he was issued a General Discharge, Under Honorable Conditions. c. WD AGO Form 100 (Separation Qualification Record) shows the FSM served in the Regular Army from 29 January 1946 to 7 February 1949. * he held military occupational specialty 345, truck driver, for 27 months * he held military occupational specialty 522, guard, for 2 months * he held military occupational specialty 188, warehouseman for 7 months * he was separated at Fort Knox, KY as a Recruit d. Faded WD AGO Form 53-58 (equivalent to a DD Form 214) that shows: (1) He enlisted in the Regular Army and entered active duty on 29 January 1946 in Louisiana. At the time of separation, he held military occupational specialty 345, Light Truck Driver and was assigned to 520th Transportation Truck Company. (2) He departed Continental United States on 25 April 1948 and arrive din Korea on 8 May 1946. He departed Korea on an unknown date and arrived back in the United States on or about 8 June 1948. (3) He was separated at Fort Knox, KY on 7 February 1949 with a general discharge, in accordance with Army Regulation (AR) 615-360 (Enlisted Personnel— Discharge—General Provisions). He completed 10 months and 16 days of continental service and 2 years, 1 month, 14 days of foreign service. He also had 10 days of lost time. (4) He was awarded or authorized: Asiatic -Pacific Theater Medal, World War II Victory Medal, and Army of Occupation Medal (Korea). 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. 6. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and/or the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant’s widow has applied to the ABCMR requesting an upgrade of his general discharge and in essence, and a post-humous referral to the disability evaluation system or permanent retirement for physical disability. She stated: “Before his death, my husband shared the following: From basic training in my husband arrived at Camp Bill & Camp Stoneman in California, then via 30-day ship travel arrived a small island called "Teneanne" then was deployed to several other small islands until 1945, he was then shipped to the Philippines for R&R but in 1946, he was deployed to Korea, then in 1946 he got sick in Seoul with rheumatic fever which left him with rheumatic fever heart related problems, he was shipped back on a ship that had been converted to into a hospital ship arriving into San Francisco, where he was then shipped to Walter Reed Army Hospital. He remained at Walter Reed until his ETS - never returning to active duty. His VA records at both will show a history of problems associated with this disease which include heart valve repair.” b. The Record of Proceedings details the applicant’s military service and the circumstances of the case. The applicant’s DD 214 shows he entered the regular Army on 28 January 1946 and was discharged on 7 February 1949 at the expiration of his term of service. It shows his highest grade held was private first class (PFC) but his grade at separation was recruit. A certification of Military Service printed 4 August 2017 confirms his dates of service and discharge rank of recruit, and it shows he received a general discharge. c. The case contains over 400 pages of medical documentation form 2016 through 2019 which show the applicant had a number of medical conditions while in his late 80’s. d. Review of his records in JLV shows he received substantial care at VA facilities and underwent a mitral valvuloplasty in December 2003 after he was diagnosed with congestive heart failure. He but had no service-connected disabilities. e. There is no evidence the applicant had a medical condition which would have failed the medical retention standards of chapter 3, AR 40-501, Standards of Medical Fitness, and been a cause for referral to the DES prior to his discharge. Furthermore, there is no evidence that any medical condition prevented the applicant from being able to reasonably perform the duties of her office, grade, rank, or rating prior to his discharge. f. The reasons for his loss(s) of rank and general discharge are unknown and therefore cannot be addressed. g. It is the opinion of the Agency Medical Advisor that neither a discharge upgrade nor a referral of his case to the Disability Evaluation System or awarding of a permanent retirement for physical disability is warranted. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. One potential outcome was to grant partial relief to upgrade the former service member’s discharge to honorable based on his service record. However, upon review of the applicant’s petition, available military records and the medical advisory the Board concurred with the advising official finding that neither a discharge upgrade nor a referral of his case to the Disability Evaluation System or awarding of a permanent retirement for physical disability is warranted. 2. The Board determined the former service member’s record is absent of the facts and circumstances surrounding his discharge. The applicant was discharged and provided an under honorable conditions (General) characterization of service. The Board agreed that the FSM’s discharge characterization is warranted as he did not meet the standards of acceptable conduct and performance of duty for Army personnel to receive an Honorable discharge. Therefore, they denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X : 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. 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 affected 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) AR20220002233 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1