| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his records be corrected to show that his characterization of service was honorable instead of general, under honorable conditions.
APPLICANT STATES: That he wants his discharge upgraded so he can work and care for his family and move on with his life.
EVIDENCE OF RECORD: The applicant's military records show:
On 20 March 1980, the applicant enlisted in the Army for 3 years. He completed his required training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). He was advanced to pay grade E-2, effective 20 September 1980.
On 5 December 1980, while assigned to a unit at Fort Lewis, Washington, he was convicted by a summary court-martial of larceny and unlawful entry. His sentence included confinement at hard labor for 60 days, a forfeiture of $334 pay per month for 2 months and reduction to pay grade E-1.
On 5 December 1980, he was confined at Fort Lewis.
On 16 December 1980, he was transferred to the Army Retraining Brigade, Fort Riley, Kansas for completion of his sentence. While confined there, he was involved in numerous discreditable incidents and accumulated 28 OR’s (Observation Reports) and 4 TCR’s (sic) (late for formation on 2 occasions, security violation, and disrespect to a noncommissioned officer).
On 10 March 1981, his commander advised him that he was initiating action to discharge him under the provisions of Army Regulation 635-200, chapter 14, based on his pattern of misconduct. He was advised of his rights.
On 12 March 1981, after consulting with legal counsel, he acknowledged his commander’s notification. He requested consideration of and personal appearance before an administrative board.
On 9 April 1981, an Administrative Discharge Board recommended elimination from the service for misconduct with issuance of a General Discharge Certificate (GDC).
On 28 April 1981, the appropriate separation authority approved the discharge recommendation and directed a GDC be issued.
On 29 April 1981, he was discharged, in pay grade E-1, under the above-cited regulation with issuance of a GDC. His separation document indicates he had 11 months and 21 days of creditable service.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
The regulation provides that an honorable discharge is a separation with honor, and that 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 inappropriate.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant’s general discharge, under honorable conditions was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his right.
2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. The applicant was properly issued a General Discharge Certificate, and he is not entitled to a fully honorable discharge.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_sac____ _jtm____ _kwl____ DENY APPLICATION
| CASE ID | AR2002067906 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020507 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001063479C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 21 March 1985, the Army Discharge Review Board denied his request for upgrade of his discharge.Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge...
ARMY | BCMR | CY2003 | 03093308C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 19 December 1980 the applicant reenlisted in the Army for 4 years. Special Court-Martial Order Number 138, published by Headquarters, U.S. Army Infantry Center and Fort Benning on 9 September 1982, shows that the applicant was arraigned and charged with eight specifications of misconduct, e.g., AWOL,...
ARMY | BCMR | CY2013 | 20130005125
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. On 13 June 2011, a friend of the applicant wrote a letter of support wherein he states the applicant has always displayed a high degree of integrity, responsibility and ambition. Conviction and discharge were effected in accordance with...
ARMY | BCMR | CY2009 | 20090008951
The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) is in error because at the time of his discharge someone at the transfer point, Fort Lewis, Washington, handwrote the entry "Discharge Honorable" in item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II). There is no evidence the applicant petitioned the Army Discharge Review Board seeking an upgrade of his discharge. ...
ARMY | BCMR | CY2007 | 20070004230
Records show that, on 6 January 1981, the applicant was separated under the provisions of chapter 14-4b(3), Army Regulation 635-200 (Personnel Separations) and was released from custody and control of the Army by reason of misconduct-fraudulent entry. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. The applicant's record shows he authenticated his enlistment contract to be correct and true, and that he...
ARMY | BCMR | CY2002 | 2002068280C070402
He concluded his statement by asking that the request be granted and that he be discharged with at least a general discharge. Accordingly, on 25 February 1982, the applicant was discharged from service after completing 6 years, 4 months, and 3 days of creditable military service. The applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.
ARMY | BCMR | CY2005 | 20050004526C070206
On 27 July 1973, the applicant was honorably discharged from active duty and transferred to NYARNG to complete his remaining service obligation. These orders further show that the applicant was to be discharged from the Regular Army on 8 February 1980. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 8 February 1980, shows that he was separated under the provisions of chapter 10 of Army Regulation 635-200 and that his character of...
ARMY | BCMR | CY2005 | 20050004334C070206
The applicant’s military records are incomplete; however, the available records show that he enlisted in the Regular Army on 24 August 1979. 3. Review of the applicant’s record of service shows that he had various incidents of misconduct, 3 nonjudicial punishments, 1 court-martial and 128 days of lost time due to AWOL and confinement. Records indicate that the applicant was 19 years old at the time his discharge.
ARMY | BCMR | CY2005 | AR20050014597C070206
On 1 July 1974, he was honorably discharged in the pay grade of E-4, for the purpose of immediate reenlistment. He was transferred to Germany on 9 September 1982, reenlisted on 15 August 1984 for a period of 6 years and was promoted to the pay grade of E-6 on 1 November 1984. There is no evidence in the available records to show that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.
ARMY | BCMR | CY2004 | 2004100681C070208
On 12 March 1980, he was involuntarily ordered to active duty for a period of 20 months and 29 days. However, his records do contain a duly constituted report of separation (DD Form 214) signed by the applicant, which shows that he was discharged under other than honorable conditions at Fort Riley, on 9 January 1981, under the provisions of Army Regulation 635-200, chapter 14, for unfitness due to his frequent involvement in incidents of a discreditable nature with...