| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his general discharge be upgraded to honorable.
APPLICANT STATES: The applicant submitted no statement in his own behalf.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years as a private, pay grade E-1, on 26 November 1984.
He completed basic and advanced training and was assigned military occupational specialty 13B10, Cannon Crewman.
On 24 July 1985, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go to his appointed place of duty. His punishment included forfeiture of pay for 1 month, 14 days restriction and 14 days extra duty.
He was advanced to pay grade E-2 on 1 August 1985.
On 3 September 1985, he was punished under Article 15, UCMJ, for disobeying a lawful order from a superior noncommissioned officer. The applicant received counseling and no punishment was given.
On 25 October 1985, he was punished under Article 15, UCMJ, for disobeying a lawful order from a superior noncommissioned officer. His punishment included reduction to pay grade E-1, forfeiture of pay, 14 days extra duty and 14 days restriction.
On 19 November 1985, his commander initiated a bar to enlistment based on the applicant’s record of nonjudicial punishment and other relevant indicators of untrainability or unsuitability.
On the same date, the applicant acknowledged receipt of the proposed action and elected not to submit a statement in his own behalf.
On 12 February 1986, he was punished under Article 15, UCMJ, for wrongful use of a controlled substance, to wit: marijuana, between the period 20 October through 29 October 1985. His punishment included forfeiture of pay, 14 days extra duty and 14 days restriction.
On 27 November 1985, a Report of Mental Evaluation cleared the applicant for any administrative action deemed appropriate by his command.
On 7 January 1986, his commander initiated action to separate the applicant under the provisions of Chapter 13, Army Regulation 635-200 for unsatisfactory performance.
On the same day, the applicant acknowledged receipt of the proposed discharge action. Through counsel he waived his rights to a hearing by a board of officers, elected not to submit a statement in his own behalf and acknowledged he understood the effects of this type of discharge.
He was separated on 4 April 1986, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 13, Unsatisfactory Performance and issued a general discharge. He was credited with 1 year, 3 months and 9 days total active service.
There is no evidence that he applied to the Army Discharge Review Board within its 15-year statute of limitations.
Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.
Paragraph 3-7 of this regulation provides that an honorable discharge is a separation with honor. 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. In view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge. He has not shown error, injustice, or inequity for the relief he now requests.
2. While the Board is empathetic, the applicant has not submitted any evidence to support his request and in view of the applicant's numerous acts of indiscipline, it does not appear that his type of discharge was too severe.
3. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
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
________ ________ ________ DENY APPLICATION
| CASE ID | AR2002072093 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020908 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A70 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003087383C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 24 November 1986, the separation authority waived the request for a rehabilitative transfer, approved the recommendation for separation, and directed the applicant be given a general discharge. Accordingly, the applicant was discharged on 25 November 1986 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge.
ARMY | BCMR | CY2002 | 2002079579C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2003 | 2003084240C070212
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence of record and the applicant has provided no evidence, which supports his contention that he was entitled to a medical separation. The applicant’s record shows that he was found medically fit for separation in October 1986 after his mental and medical examination.
ARMY | BCMR | CY2006 | 20060014255
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was discharged on 13 December 1985 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The applicants service record shows he received two Article 15s, both for failing to go to his appointed place of duty, a Military Police Report for driving with a suspended drivers license, a bar to reenlistment, and numerous adverse...
ARMY | BCMR | CY2008 | 20080018155
On 2 April 1986, the applicant was counseled for failing to repair and missing the unit's first formation of the day at 0600 hours and for failing to report for duty after training. On 18 June 1986, the applicant was counseled by his unit commander that he was considering discharging him from the service under the provisions of Army Regulation 635-200, chapter 14. The evidence of record shows that the applicant served successfully for a time during his service.
ARMY | BCMR | CY2010 | 20100025519
Application for correction of military records (with supporting documents provided, if any). On 3 April 1986, the separation authority approved the applicants discharge under the provisions of chapter 14-12c, Army Regulation 635-200, for commission of a serious offense and directed that he be issued a Under Other than Honorable Conditions Discharge Certificate. The evidence of record shows the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for...
ARMY | BCMR | CY2005 | 20050002224C070206
During February 1986 and June 1986, the applicant received three adverse counseling statements for failure to perform as an E-4 and for intent to impose separation under the provisions of Army Regulation 635- 200, chapter 13 and a bar to reenlistment in accordance with Army Regulation 601-280. The applicant's service record shows he received two Article 15s, a bar to reenlistment and several adverse counseling statements. As a result, his record of service was not honorable and did not...
ARMY | BCMR | CY2010 | 20100000287
On 11 March 1986, the applicant was discharged from active duty in pay grade E-1 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct for abuse of illegal drugs. Army Regulation 635-200, paragraph 3-7b, also provided that a general discharge was a separation from the Army under honorable conditions. The board recommended he be separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct for abuse of illegal drugs and issued an...
ARMY | BCMR | CY2010 | 20100023598
On 25 March 1986, the applicant's commander notified the applicant he was initiating action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, for misconduct based on commission of a serious offense. On 21 April 1986, the separation authority approved the separation action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, based on commission of a...
ARMY | BCMR | CY2009 | 20090004821
IN THE CASE OF: BOARD DATE: 18 AUGUST 2009 DOCKET NUMBER: AR20090004821 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time shows he was discharged, in the rank of PV1/E-1, under the provisions of Chapter 13, Army Regulation 635-200, by reason of unsatisfactory performance. Item 12b (Separation Date this Period) contains the entry "86 11 25" which indicates he was discharged on 25 November 1986, and Item 12c (Net Active Service this Period) contains...