| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. William D. Powers | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his discharge under other than honorable conditions be upgraded to honorable.
2. The applicant states that he requested discharge. It was his option.
3. The applicant provided no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error or injustice which occurred on 9 September 1987. The application submitted in this case is dated 4 July 2003.
2. 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. The U.S. Court of Appeals, observing that applicants to the Army Discharge Review Board (ADRB) are by statute allowed 15 years to apply there, and that this Board's exhaustion requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens that filing period, has determined that the 3 year limit on filing to the Army Board for Correction of Military Records (ABCMR) should commence on the date of final action by the ADRB. In complying with this decision, the ABCMR has adopted the broader policy of calculating the 3-year time limit from the date of exhaustion in any case where a lower level administrative remedy is utilized.
3. The applicant enlisted in the Army for three years on 29 January 1985, completed basic training, and in April 1985 was assigned to Fort Lee, Virginia for advanced training. He was AWOL (absent without leave) from 29 April 1985 until his return to military control in Puerto Rico on 28 May 1985. He completed his training, however, and in August 1985 was assigned to Fort Ord, California. He was AWOL from 13 November 1985 until his apprehension at Fort Buchanan, Puerto Rico on 23 July 1987.
4. On 29 July 1987 court-martial charges were preferred against the applicant. The applicant consulted with counsel and voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10. He stated that he was making the request of his own free will and had not been subjected to any coercion whatsoever. He stated that he acknowledged that he was guilty of the charge against him which authorized the imposition of a bad conduct or dishonorable discharge. He stated that under no circumstances did he desire further rehabilitation and that he had no desire to perform further military service. He stated that he understood the nature and consequences of the under other than honorable discharge that he might receive. He declined to make a statement in his own behalf.
5. On 25 August 1987 the separation authority approved the applicant's request and directed that he be furnished a discharge certificate under other than honorable conditions. He was discharged on 9 September 1987.
6. On 9 September 1997 the applicant requested to the Army Discharge Review Board that his discharge be upgraded to honorable. He, along with counsel, appeared before that board on 17 April 1998. The Army Discharge Review Board, in an unanimous opinion, denied the applicant's request to upgrade his discharge.
7. 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 may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The applicant has submitted no evidence or any argument in support of his request.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 April 1998; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 April 2001. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RJW __ ___GJW_ __WDP _ DENY APPLICATION
| CASE ID | AR2003095254 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040408 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002081468C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was assigned to an armor battalion at Fort Benning, Georgia in October 1982, and although he was AWOL for three days for personal reasons, he performed well in his unit, passing the SQT and qualifying in gunnery training. The applicant's commanding officer stated that he had interviewed the applicant, who stated that he was aware of the consequences of an under other...
ARMY | BCMR | CY2007 | 20070016962
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides page 1 of his 19 June 1981 enlistment contract; his honorable discharge certificate, dated 26 April 1989; and a Statement of Retirement Points, dated 29 October 2007. At this time, there is insufficient evidence that would warrant granting the relief requested.
ARMY | BCMR | CY2011 | 20110003278
The applicant requests correction of his records to show he was transferred to the Retired Reserve in lieu of discharged. The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the Commonwealth of Puerto Rico and as a Reserve of the Army), a U.S. Army Reserve Personnel Center (DARP) Form 249 (Chronological Statement of...
ARMY | BCMR | CY2001 | 2001064698C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 25 November 1987, the Army Discharge Review Board denied his request for upgrade of his discharge. The applicant’s contention that his command violated his medical profile and denied his request to change his MOS is not supported by the available evidence of record.
ARMY | BCMR | CY2005 | 20050015823C070206
The fact that it may have been on his leave and earning statements is not evidence of any error or injustice in his military personnel file. In this particular case the applicant’s records were originally constituted without the Jr. designation and remain so throughout his military service. While he has provided no evidence that his records should have been constituted with the Jr. designation even if such were the case it would not now serve as a basis to correct his records to...
ARMY | BCMR | CY2007 | 20070004586
The applicant's military service records contain a DD Form 214, with an effective date of 11 April 1988. The applicant's military service records contain a DD Form 214, with an effective date of 7 June 1991. The evidence of record shows that the foreign service completed by the applicant during the period of active duty from 10 July 1986 to 11 April 1988 is recorded on his DD Form 214, with an effective date of 11 April 1988.
ARMY | BCMR | CY2013 | 20130017029
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. His DD Form 214 shows he was discharged under honorable conditions on 18 July 1985 under the provisions of Army Regulation 635-200 chapter 13. _______ _ _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...
ARMY | BCMR | CY2005 | 20050009255C070206
Evidence of record shows that the applicant and his family were stationed in Puerto Rico; that the applicant received orders, was reassigned to a dependent restricted tour, and arrived in Honduras on 16 April 2003; and that his family remained in Puerto Rico until his return to Puerto Rico on 18 May 2004. The advisory opinion offers that the evidence of record indicates that, prior to reporting to Honduras, the applicant was improperly advised that his COLA and OHA allowances would continue...
ARMY | BCMR | CY2010 | 20100018233
The applicant states his birth certificate shows his year of birth as 1947. The applicant's birth certificate shows he was born in 1947. There is no record of what document was used to verify his DOB at the time of induction.
ARMY | BCMR | CY2008 | 20080011838
The applicant's military personnel records show he enlisted in the Puerto Rico Army National Guard (PRARNG) on 2 December 1987. However, there is no evidence the applicant was recommended for an award based on this incident. There is no evidence to show why the applicant was not promoted from the promotion list dated 30 January 2006.