IN THE CASE OF: BOARD DATE: 17 January 2013 DOCKET NUMBER: AR20120011734 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his undesirable discharge be upgraded to honorable. 2. The applicant states: * he turned to alcohol due to post-traumatic stress disorder (PTSD) from his service in Vietnam * he was often involved in fights * he was experiencing tragic events in his family (death of grandmother, grandfather, and cousin within a month) * he is now a mature adult 3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) for the period ending 8 July 1976. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 4 August 1966 for a period of 3 years. He served as a heavy vehicle driver in Vietnam from 11 January 1968 to 10 January 1969. On 1 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. He again enlisted in the Regular Army on 15 October 1973 for a period of 3 years. He completed his training and was awarded military occupational specialty 64C (motor transport operator). 4. On 6 June 1974, he was convicted by a summary court-martial of being absent without leave (AWOL) from 16 April 1974 to 14 May 1974 and failing to obey a lawful order. 5. On 8 November 1974, nonjudicial punishment (NJP) was imposed against him for being AWOL from 26 July 1974 to 8 September 1974. 6. On 10 March 1976, NJP was imposed against him for being AWOL for 2 hours. 7. On 21 May 1976, he was convicted by a summary court-martial of failing to repair (two specifications). 8. On 4 June 1976, NJP was imposed against him for being AWOL for 10 1/2 hours. 9. On 8 June 1976, NJP was imposed against him for assault. 10. His record is void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged on 8 July 1976 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 13-5a(1)(5). He completed a total of 5 years, 6 months, and 1 day of creditable active service with 71 days of lost time. 11. There is no evidence which shows he was diagnosed with PTSD or alcohol abuse or dependence prior to his discharge on 8 July 1976. 12. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 13. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. a. Chapter 13, paragraph 13-5a(1), in effect at the time, provided for discharge due to unfitness because of frequent incidents of a discreditable nature with civil or military authorities. b. Paragraph 3-7a provides that 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. c. Paragraph 3-7b provides that 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he turned to alcohol due to PTSD from his service in Vietnam. However, there is no evidence which shows he was diagnosed with PTSD (or any other mental condition) or alcohol abuse or dependence prior to his discharge on 8 July 1976. 2. He contends he was having family problems at the time of his discharge. However, there is no evidence he sought assistance from his chain of command or chaplain in resolving his family problems within established Army procedures. 3. In the absence of evidence to the contrary, it must be presumed his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed the authority and reason for his separation were commensurate with his overall record of service. 4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ 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. _____________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. ABCMR Record of Proceedings (cont) AR20120011734 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011734 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1