IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080007444 


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 general discharge under honorable conditions be upgraded to fully honorable.

2.  The applicant states that he deserved an honorable discharge because he was young and did some dumb things.  It is his belief that he did not do anything wrong in the military, but may have associated with the wrong crowd.

3.  The applicant provides his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge).

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 6 September 1950.  He enlisted in the Regular Army on 31 January 1969.  He completed basic combat training.

3.  On 1 April 1969, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for absenting himself from his place of duty.

4.  The applicant completed advanced individual training in July 1969 and was awarded military occupational specialty 45J (Aircraft Armament Repairer).

5.  On 21 July 1970, while in Vietnam, the applicant accepted NJP under Article 15, UCMJ, for sleeping on his post as a guard.

6.  On 4 November 1970, the applicant accepted NJP under Article 15, UCMJ, for wrongfully possessing 13.5 grams, more or less, of marijuana and for wrongfully appearing in an unclean and improper uniform.

7.  On 10 February 1971, the applicant accepted NJP under Article 15, UCMJ, for signing an official record, to wit: an Individual Sick Slip, with intent to deceive.

8.  On 1 April 1971, the applicant accepted NJP under Article 15, UCMJ, for failing to go to his appointed place of duty and for behaving with disrespect toward his superior commissioned officer.

9.  On 14 July 1971, the company commander initiated action to separate the applicant under the provisions of Army Regulation 635-212 for unsuitability.   The applicant was advised by counsel of the basis for the contemplated separation action.  He waived consideration of his case by a board of officers, waived personal appearance before a board of officers, waived representation by counsel, and did not submit a statement on his own behalf. 

10.  On 14 July 1971, the company commander formally recommended the applicant’s discharge because of character and behavior disorders manifested by frequent unauthorized absences; flagrant and habitual disregard for authority, established rules, and Army regulation; and a completely negative attitude.  

11.  On 16 July 1971, the appropriate authority approved the recommendation and directed issuance of a General Discharge Certificate.

12.  On 30 July 1971, the applicant was discharged with a general discharge under honorable conditions under the provisions of Army Regulation 635-212 with a separation program number of 264 (unsuitability, character and behavior disorders).
13.  The applicant’s service medical records and his separation physical are not available.  

14.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members were subject to separation for unsuitability for inaptitude, character and behavior disorders, apathy (lack of appropriate interest), defective attitudes, and inability to expend effort constructively, alcoholism, and enuresis.  A general under honorable conditions characterization of service was normally appropriate.

15.  Army Regulation 635-200 governs the separation of enlisted personnel.  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, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

DISCUSSION AND CONCLUSIONS:

1.  In the absence of the applicant’s complete service medical records and separation physical, it is presumed that his administrative separation for unsuitability, character and behavior disorders, was accomplished in compliance with regulations applicable at the time with the appropriate characterization of service.

2.  The applicant was over 18 1/2 years of age when he enlisted.  Considering the overall quality of his service, it appears that his discharge was appropriately characterized as general under honorable conditions.  There is insufficient evidence that would warrant upgraded his discharge to fully honorable.

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.




 _   _______  xxxx___________
       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)                                         AR20080007444





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ABCMR Record of Proceedings (cont)                                         AR20080007444



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