IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20080005031
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, in effect, that his general discharge under honorable conditions be upgraded to honorable. He further requests that he be paid a $30,000.00 sign on bonus.
2. The applicant states, in effect, that he did not receive an adequate mental evaluation resulting in his going out and deliberately contracting human immunodeficiency virus (HIV) in order to die. He now has acquired immune deficiency syndrome (AIDS). He lives with this disease every day of his life. He does not remember the incidents that caused his discharge but thinks he was discharged for reporting his roommates use of cocaine. He was told that when he became sober, he would be kicked out of the Army. This was a huge surprise to him and an injustice. He also says that he never received his $30,000.00 bonus that was promised to him at the time of his enlistment. This money would be of considerable help now that he has AIDS.
3. The applicant provides no supporting 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 25 May 1983, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 91E (Dental Specialist). The applicants enlistment contract does not show any agreement for a $30,000.00 enlistment bonus. His Personnel Qualification Record, Part I, does not show that he was a bonus recipient.
3. On 17 October 1983, the applicant was assigned for duty as a dental specialist in the Federal Republic of Germany.
4. On 3 May 1984, the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP).
5. On 29 May 1984, the applicant rendered a sworn statement that he and another male Soldier had engaged in consensual sodomy.
6. On 11 June 1984, the applicants commander notified him of his intent to separate him under the provisions of Army Regulation 635-200, paragraph
15-3a, for homosexual acts.
7. On 17 September 1984, the applicant was discharged by reason of engaging, attempting to engage in/soliciting another to engage in a homosexual act. He had completed 1 year, 3 months, and 23 days of creditable active duty service. His service was characterized as under other than honorable conditions.
8. On 22 February 2007, this Board considered the applicants earlier request to upgrade the characterization of his discharge to honorable or under honorable conditions and recommended that it be changed to general, under honorable conditions.
9. On 1 March 2007, the applicant was issued a new DD Form 214 showing his characterization of service as under honorable conditions.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record substantiating the applicants contention that he was promised an enlistment bonus. He has not provided any documentation or other evidence to support his contention. Therefore, his request for payment of $30,000.00 should be denied.
2. The applicants earlier request for upgrade of his characterization of service to honorable or to under honorable conditions was considered by the Board. He was granted an upgrade to under honorable conditions. The applicant has not provided any substantiating evidence or convincing argument showing that his characterization should be changed to honorable. Therefore, his request should be denied.
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 this 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
___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 that 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) AR20080005031
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ABCMR Record of Proceedings (cont) AR20080005031
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