IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080005583 


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 that his under other than honorable conditions discharge be upgraded.

2.  The applicant states, in effect, that he was an alcoholic at the time of his discharge.  He was young and did not realize that he had an alcohol problem.  The applicant states that he has been sober for 20 years and would like to have his discharge upgraded to be eligible for a United States flag and headstone at the time of his passing, nothing else.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated
5 March 2008.

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.  The applicant was born on 10 December 1954.  He enlisted in the Regular Army on 24 October 1973 for a 4 year term of service.  He successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  Evidence of record shows that the applicant was absent without leave (AWOL) for the period 1 November 1974 through 1 September 1975.

4.  The applicant's court-martial charge sheet is not available.

5.  The applicant's service personnel records do not contain the facts and circumstances surrounding his separation process.  However, his DD Form 
214 shows that he was discharged on 22 September 1975 under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of in lieu of trial by court-martial with an undesirable discharge and service characterized as under other than honorable conditions.  The applicant completed 1 year and 28 days of creditable active service with 305 days of lost time due to being AWOL.

6.  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.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. 

7.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

8.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was an alcoholic at the time of his discharge and too young to realize the problem.  However, there is no evidence in his available records that shows that alcohol was the cause of his AWOL.  Furthermore, evidence of records shows that he requested to be separated from the military in lieu of court-martial.  Records further show that the applicant was 19 years, 11 months, and 22 days old at the time he went AWOL and by then should have been well aware of the Army's standards of conduct.  His contention that he was young and did not realize his problem does not mitigate his indiscipline.  Therefore, there is no basis for this argument.

2.  The applicant states that he has been sober for 20 years.  His good post-service conduct since his discharge is acknowledged.  However, good post-service conduct alone is not a basis for upgrading a discharge and, upon review, the applicant's good post-service conduct is not sufficient to mitigate his indiscipline in the Regular Army.

3.  In the absence of evidence to the contrary, it is presumed that the applicant's separation was accomplished in compliance with applicable regulations and without procedural errors that would jeopardize his rights.  Therefore, it is concluded that the characterization of the applicant’s discharge was proper and equitable.  

4.  The applicant's records show that he had one instance of a lengthy AWOL.  He had completed 1 year and 28 days of service on his 4-year term of service before his separation with a total of 305 days of lost time due to being AWOL.   Based on these facts, the applicant’s service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel which are required for issuance of an honorable or general discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX  __  __XX ___  ___XX __  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.



      ___ xxxxxxxxx ____
      	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)                                         AR20080005583



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ABCMR Record of Proceedings (cont)                                         AR20080005583



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