IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080014166
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 be upgraded to honorable.
2. The applicant states "I feel that I was young and taken advantage of during service time and at discharge."
3. The applicant does not provide anything in support of his request.
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.
2. The applicant's military records show that he enlisted in the Regular Army on 1 July 1976. He opted for the enlistment options of training as a medical specialist and station of choice (Fort Bragg, North Carolina). The applicant then completed his training, was awarded the military occupational specialty (MOS) of medical specialist, and he was assigned to Fort Bragg.
3. The applicant twice accepted nonjudicial punishment (NJP) under Article 15, Uniformed Code of Military Justice, for three specifications of going without authority from his appointed place of duty.
4. The applicant was absent without leave for 64 days. When he surrendered to military authorities, he stated that he was not being utilized in his MOS; instead, he was always on detail sweeping floors, painting, etc.
5. On 1 February 1978, the applicant requested discharge in lieu of court-martial for the good of the service.
6. The applicants request was approved by the appropriate authority and the applicant was issued an Under Other Than Honorable Conditions (UOTHC) discharge certificate on 21 February 1978. He had completed 1 year, 5 months, and 13 days of creditable service and he had 69 days of time lost.
7. The applicant requested that his discharge be upgraded by the Army Discharge Review Board (ADRB). In that request he alleged that his recruiter had promised him accelerated promotion and the ability to attend college while he was on active duty. Both of those promises proved to be false. The ADRB denied the applicant's request.
8. 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 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. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
9. Army Regulation 635-200, governs the policies and procedures for 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 members 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.
10. 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 Soldiers separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends he was taken advantage of while in the Army, he has not submitted any evidence to support his contention.
2. The applicant enlisted for training as a medical specialist and station of choice. He received both options.
3. The applicant had accepted NJP on two occasions and then was AWOL for 64 days. Such misconduct certainly warranted an UOTHC discharge.
4. 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
___X____ ____X___ ___X___ 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.
_______ _ 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) AR20080014166
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ABCMR Record of Proceedings (cont) AR20080014166
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