IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080011878
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 be upgraded to an
honorable discharge.
2. The applicant states that the general discharge he agreed to accept was
unjust because his Company Commander told him if he didnt accept the general discharge, he would be court martialed, sent to jail, and receive a dishonorable discharge. He states that his commander did not explain his legal rights or
options available to him
3. The applicant provides a personal statement.
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.
ABCMR Record of Proceedings (cont) AR20080012503
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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He also received two adverse counseling statements, on 7 September 1983 and 20 October 1983, for possible separation from military service and for being late to guard mount on three separate occasions. The applicant's service record shows he received two Article 15s, a bar to reenlistment, and several adverse counseling statements. As a result, his record of service was not honorable and did not meet the standards of acceptable conduct and performance of duty for Army personnel.
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On 7 July 1983, the applicant was notified by his commander of the intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 13, for unsatisfactory performance. On 18 July 1983, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance, and directed giving him a general under honorable conditions...