IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080005212 


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 undesirable discharge be upgraded to honorable.   He further requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number and place of birth. 

2.  The applicant states, in effect, that when he went home after completing his initial training he found that his mother was ill, that she and his younger sister were living in a very unhealthy environment and that his younger brother had moved in with a friend’s family.  The applicant got a job, rented an apartment and remained absent without leave (AWOL).  He took care of the family for a couple years until his estranged father heard about the situation and returned to help.  Afterwards, he turned himself in to the military authorities.  He was told that he could get a hardship discharge but that it would take a few months for approval.  He still needed to look after his mother, so he accepted an undesirable discharge in order to return home within the week.  He believes his lawyer told him that he would not lose all of his benefits  

3.  The applicant provides copies of his DD Form 214, medical treatment records for his mother, his social security card, and his birth certificate.






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 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.  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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 16 February 1970, the applicant enlisted in the Regular Army for 3 years.  There is no evidence of record showing that he completed all of his initial training or that he was awarded a military occupational specialty.

3.  On 6 July 1970, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for failure to report to morning formation.  The punishment included reduction to pay grade E-2, a forfeiture of $26.00 pay per month for 1 month, and 14 days of restriction and extra duty.

4.  The applicant’s discharge packet is missing from his military records.  However, his DD Form 214 shows that on 18 October 1972 he was administratively discharged, under the provisions of Army Regulation 600-200, Chapter 10, for the good of the service.  His service was characterized as under conditions other than honorable.  He had completed 2 years and 13 days of creditable active duty and he had 7 months and 20 days of lost time.

5. 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.

6.  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.

7.  The medical documentation provided by the applicant shows that his mother was diagnosed in March and August 1972 as having a personality disorder, psychotic depressive reaction, and a habitual excessive drinking condition.  In 1989 she was diagnosed with alcohol dependence, moderate, and an adjustment disorder with depressed mood. 

8.  The applicant’s records show that he enlisted using social security number ### - 52 - ####.  His place of birth is shown in his records as Portland, Maine.

9.  The applicant’s DD Form 214 shows his social security number as 
### - 92 - #### and his place of birth as Portland, Oregon.

10.  The applicant’s birth certificate shows his place of birth as Portland, Maine.  His social security card shows his account number as ### - 52 - ####.

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.  The applicant’s contention that he went AWOL to care for his mother and family is partly supported by the medical documents that he has provided.   However, there is no evidence showing that his AWOL was a reasonable solution to those problems.   

3.  In view of the above, the applicant’s request for upgrade of his discharge should be denied.

4.  The evidence of record clearly shows that the applicant’s social security number and place of birth were incorrectly entered on his DD Form 214.  Therefore, these entries should be corrected.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  deleting the social security number and the place of birth that is currently shown on the individuals DD Form 214 issued on 18 October 1972;
      
      b.  showing on his DD Form 214 his social security number as 
### - 52- ####; and
      
c.  showing on his DD Form 214 his place of birth as Portland, Maine.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrade of his discharge.  




__________ _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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080005212



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