IN THE CASE OF: BOARD DATE: 26 October 2023 DOCKET NUMBER: AR20230001956 APPLICANT REQUESTS: upgrade of her deceased father’s Blue Discharge to an Honorable Discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * The applicant's Certificate of Birth * Department of Selective Service (DSS) Form 1 (Registration Card) * War Department, Adjutant General's Office (WD AGO) Form 53 (Report of Separation) * Screen shot from the Congress.Gov website 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 applicant states she is requesting assistance in correcting and upgrading her father's military records to reflect an honorable discharge. Her father (a deceased former service member (FSM)) was a World War ll Veteran who was separated from service with a Blue Discharge. A Blue Discharge was a tool used by the Army to remove and deny African American and homosexual Soldiers entitlements like the GI Bill and other Veterans Affairs benefits. It was neither an honorable nor dishonorable discharge. Her father's Blue Discharge casted an ugly stigma to say that he was not good enough and also unemployable. He uprooted from North Carolina and moved to New Jersey to find employment. At his funeral, he did not have a flag placed on top of his casket, Taps was not played, nor was any other military burial protocol displayed. His WD AGO Form 53 actually has his date of separation from the Army listed as 5 March 1944 and his date of entry into the Army listed as 14 March 1944. How is that even possible? Her father was patriotic. He signed his Draft Registration Card with an "X" because he was illiterate and could not read or write. He was the product of a Depression-era grammar school education and a Jim Crow-era military. Yet, he did the right thing by signing up and going to war, instead of draft dodging. Now is the time for the Army to do the right thing and upgrade her father's discharge. Congressmen and recently introduced the GI Restoration Bill as a measure to rectify these injustices. 3. The FSM's military record is not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered using a WD AGO Form 53 provided by the applicant and a partially reconstructed record provided by the National Personnel Records Center. 4. The FSM's DSS Form 1 shows he registered for the Selective Service. 5. The FSM's WD AGO Form 53 shows he was inducted into the Army of the United States (AUS) on 14 March 1944 and served in military occupational specialty 345 (Truck Driver). He did not serve a period of foreign service during World War II. Item 24 (Cause of Separation) shows he was discharged under the provisions of Army Regulation 615-366 (Enlisted Men Discharge - Release from Active Duty), Section III, Paragraph 11b, due to conviction by Civil Court. His type of discharge was "Blue," and his service was characterized as "Fair." An apparent typographic error in item 26 (Date of Separation) shows his date of separation is shown as 5 March 1944. 6. Partially burned documents show: a. A request was initiated to provide a replacement for the FSM's lost or destroyed discharge document. b. A request for verification of all active service was submitted. It was further requested that if the discharge was other than honorable, to please furnish a statement of the underlying facts and circumstances. The response shows the cause of the FSM's discharge was due to conviction by civil court. Time lost prior to date of expiration of enlistment was to be made good under the 107th Article of War. Time actually in confinement under sentence or while awaiting trial and disposition of case, if trial resulted in conviction was from 12 November 1944 until 4 March 1945 (113 days). c. A request was initiated for the specific offense for which the FSM was convicted and resulted in his other than honorable discharge. The response shows the FSM was arrested on 12 November 1944 by civilian authority in Lumberton, NC, and charged with assault with a deadly weapon with intent to kill. He was convicted in Superior Court and sentenced to serve 15 months on the roads. 7. A Certification of Military Service rendered by the National Personnel Records Center, National Archives and Records Service, General Services Administration on 11 December 1981 shows the FSM was a member of the AUS from 14 March 1944 to 5 March 1945. His service was terminated by an other than honorable discharge and he held the rank of private at the time of his separation. 8. The FSM's available record is void of any indication that he was discharged due to either his race or homosexuality. 9. The WD AGO Form 56 (Discharge from the Army of the United States (Blue)), called the Blue Discharge was used between 1925 and 1947. The "Blue" title came from the fact that it was printed on blue paper. It was called simply "Discharge" as distinguished from the other discharges at that time, the Honorable Discharge and the Dishonorable Discharge. The Blue Discharge was not characterized, in the current use of that term, in that it was not stated to be either honorable or dishonorable. The Blue Discharge was issued to individuals whose service was not dishonorable but who were not entitled to a "testimonial of honest and faithful service" as indicated by an honorable discharge. The Blue Discharge was given to enlisted members for a variety of reasons to include minority (underage), fraudulent enlistment or induction, inaptness, lack of adaptability for military service, habits, or traits of character rendering retention in the service not desirable, civil confinement, and disability not in the line of duty. On 16 December 1944 a policy revision of the Blue Discharge was announced, due to the exigencies of war, which eliminated character of service as a separation criteria. This occurred during the FSM's incarceration for his civil conviction. 10. The applicant provides a screenshot from the Congress.Gov website that indicates Congressman introduced the GI Bill Restoration Act of 2021 on 5 November 2021. 11. In reaching its determination, the Board can consider the applicant’s petition, arguments and assertions, and the FSM’s service record in accordance with the published equity, injustice, or clemency guidance. BOARD DISCUSSION: The Board carefully considered the applicant's request, supporting documents, evidence in the records, and published Department of Defense guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, the FSM’s record of service, the frequency and nature of his misconduct, the reason for his separation, and whether to apply clemency. The Board found insufficient evidence of in-service mitigating factors and the applicant provided no evidence of post- service achievements or letters of reference in support of a clemency determination. Based on a preponderance of the evidence, the Board determined the character of service the applicant received upon separation was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :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, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 615-366 (Enlisted Men Discharge - Release from Active Duty), in effect at the time, provided the authority for separation of Soldiers who were convicted by civil authorities. When discharge was recommended and approved a Blue Discharge (WD AGO Form 56) would be issued. 3. Army Regulation 345-470 (Military Records, Discharge Certificate), 10 May 1934, with changes 1-5, in effect at the time, stated that discharge certificates would show the reason for discharge. It would also show the person's character as a Soldier and as a man in one of the following terms: Excellent, Very Good, Good, Fair, or Poor. For the Blue Discharge, the choice was limited to Fair or Poor. 4. 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/NR), on 25 July 2018 [Wilkie Memorandum], 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 court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. 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 on the basis of equity, injustice, or clemency grounds, Boards 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. b. 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) AR20230001956 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1