RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070010811
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. John G. Heck
Member
Mr. Qawiy A. Sabree
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to honorable.
2. The applicant states that he would like his discharge upgraded so that he can become a naturalized United States citizen.
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 February 1983, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 13B1O (Cannon Crewman).
3. On 6 September 1984, the applicant was issued a letter of reprimand for driving while drunk. It was imposed as an administrative measure and not as punishment under Article 15, Uniform code of Military Justice.
4. On 27 June 1985, charges were preferred under the Uniform Code of Military Justice for violation of Article 86, AWOL (absent without leave), during the period from 19 to 26 April 1985; and from 31 May 1985 [no ending date was provided].
5. On 23 September 1985, the applicant was apprehended by civilian authorities and returned to military control.
6. The discharge packet is missing from his military records. However, his Certificate of Release or Discharge from Active Duty (DD Form 214) shows that he was administratively discharged on 6 March 1986, under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service, in lieu of trial by court-martial. His service was characterized as under other than honorable conditions. He had completed 2 years, 8 months and 10 days of creditable active duty and had approximately 141 days of lost time.
7. 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.
8. Army Regulation 635-200 (Personnel Separations) 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 trail by court-martial. A discharge under other than honorable conditions is normally considered appropriate.
9. Under the UCMJ, the maximum punishment allowed for violation of Article 86, for AWOL of more than 30 days includes a punitive discharge and confinement for 1 year.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with his overall record.
2. There is no available evidence to show that he had any mitigating circumstances or that his AWOL was a reasonable solution to them. Furthermore, there are no provisions for upgrading a discharge in order to qualify for citizenship.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050006118C070206
He also states he received an Article 15 and told he had a choice of doing five years at Fort Leavenworth or separating under the provisions of chapter 10, Army Regulation 635-200, in lieu of court- martial, with an UOTHC discharge. The applicant's request to have his UOTHC discharge upgraded to an honorable discharge and the supporting statement he submitted were carefully considered. In this case, the evidence of record confirms the applicant was charged with the commission of an offense...
ARMY | BCMR | CY2005 | 20050008609C070206
In his request for discharge, the applicant also indicated that he understood that by requesting discharge, he was admitting guilt to the charge(s) against him, or of a lesser included offense, that also authorized the imposition of a bad conduct or dishonorable discharge. 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...
ARMY | BCMR | CY2006 | 20060004314C070205
The applicant requests, in effect, that his records be corrected by upgrading his discharge. 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. However, his DD Form 214 (Certificate of Release or Discharge form Active Duty) indicates he was discharged under the provisions of Army Regulation 635-200, Chapter 10, for the good of the service in lieu of...
ARMY | BCMR | CY2007 | 20070015045
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 February 2008 DOCKET NUMBER: AR20070015045 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 25 September 1970, the separation authority approved the applicants request for discharge and directed that he be issued an Undesirable Discharge Certificate. In order to justify correction of a military record...
ARMY | BCMR | CY2007 | 20070013871
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070013871 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. 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. In order to justify correction of a military record the...
ARMY | BCMR | CY2004 | 2004104796C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 December 2004 DOCKET NUMBER: AR2004104796 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. Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 10 November 1982, the Army Discharge Review Board (ADRB) determined that the...
ARMY | BCMR | CY2006 | 20060006958C070205
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge (HD). On 14 June 1988, the separation authority approved the applicant’s request for discharge and directed that he receive an UOTHC discharge. 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.
ARMY | BCMR | CY2007 | 20070014505
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 February 2008 DOCKET NUMBER: AR20070014505 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. The applicant requests, in effect, that his undesirable discharge be upgraded to honorable. On 8 March 1973, the separation authority approved the applicants request for discharge and directed that he be issued an...
ARMY | BCMR | CY2007 | 20070011135
In his request for discharge, the applicant indicated that he understood that by requesting discharge, he was admitting guilt to the charge against him, or to a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge. On 24 October 1983, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. There is no indication that the applicant...
ARMY | BCMR | CY2008 | 20080000024
On 18 September 1984, the separation authority approved the applicants request for discharge and directed that he be discharged under other than honorable conditions. On 23 October 1984, the applicant was discharged accordingly. 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.