IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080011299 


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 discharge under other than honorable conditions be upgraded to a general or an honorable discharge.

2.  The applicant states that he enlisted in the Army in 1983 to serve his country, to make something of himself, and to make his family proud.  He states that he wanted to become a man and not one of the street punks that he used to see every day.  He states that while he was in the Army, he went many places, did many things, and met many people.  He states that he loved every day of the time that he spent in the military and from his experiences; he has taken life’s lessons that he could not have learned anywhere else.  The applicant states that he was unfortunately a victim of substance abuse which he hid from everyone for months and resulted in him making bad decisions that he regrets to this day.  He states that if he had the opportunity to do it all over again, he would have sought help.  He states that he would like to apologize to the United States Army, his family, and especially to his God who he has let down.  He concludes by stating that he is very sorry for his actions.

3.  The applicant submits a one-page biography, in support of his application.







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 1 December 1983, the applicant enlisted in the Regular Army in Dallas, Texas, for 4 years, in the pay grade of E-3.  He successfully completed his training as a nuclear, biological, and chemical (NBC) specialist.  He was promoted to the pay grade of E-4 on 1 April 1984.

3.  The applicant’s records show that he went absent without leave (AWOL) on 19 February 1985 and he remained absent in desertion until he surrendered to authorities and returned to military control on 30 July 1985.

4.  On 1 August 1985, the applicant was notified that charges were pending against him for being AWOL.  He acknowledged receipt of the notification and, after consulting with counsel, he waived his right to submit a statement in his own behalf and he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  

5.  The appropriate authority approved the request for discharge on 19 August 1985.  Accordingly, on 6 September 1985, the applicant was discharged, under other than honorable conditions, under the provisions of Army Regulation 
635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He had completed 1 year, 3 months, and 28 days of net active service and he had approximately 161 days of lost time due to AWOL.

6.  A review of the available records do not show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.


7.  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.  A discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted.  However, there is no evidence in the available record, nor has he submitted any evidence to show that he was suffering from any substance abuse while he was in the Army.  His records show that after completing over 1 year and 3 months of active service, he went AWOL for approximately 161 days and upon his return, he offered no reason for his decision to do so.  Considering the nature of his offense, it does not appear that his discharge under other than honorable conditions is too severe.

4.  In order to justify correction of a military record the applicant must show 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.

5.  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

__XXX __  __XXX__  __XXX__   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.



      ___        XXX                ___
                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)                                         AR20080011299



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011299



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1