IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080016873
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 (GD) be upgraded to an honorable discharge (HD).
2. The applicant states that he was very immature while he was on active duty. He had not been ready to be on active duty and just wanted to go home. He adds that he has never been in any trouble while on active duty or with civilian authorities after his discharge.
3. The applicant provides a North Carolina criminal record search, his separation document (DD Form 214), and three letters of reference.
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 8 November 1988 and was awarded the military occupational specialty of infantryman.
3. The applicant was counseled on a regular basis on his performance and conduct. In the beginning these counselings were generally positive and were encouraging the applicant to strive to continue to improve. However, the counselings became negative, admonishing the applicant for not getting a haircut, not preparing his room for inspection, missing movement, failure to report to duty, and being absent without leave.
4. On 19 September 1989, the applicant made a sworn statement saying that he went AWOL to get the Army to discharge him since he could not adapt to the military.
5. On 27 October 1989, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for, through design, missing the movement of his unit.
6. On 5 December 1989, the applicant was notified by his commander of his commander's intent to recommend his separation due to unsatisfactory performance and of his rights in conjunction with that recommendation. The applicant was told by his commander that his commander intended to recommend he be discharged under honorable conditions and issued a General Discharge Certificate.
7. The applicant waived his rights, and his commander's recommendation was approved by the appropriate authority. Accordingly, the applicant was given a general discharge on 22 December 1989 for unsatisfactory performance.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.
9. The applicant did not apply to the Army Discharge Review Board for an upgrade of his discharge within that Board's 15-year statute of limitations.
DISCUSSION AND CONCLUSIONS:
1. Contrary to the applicant's contention, he certainly did get into trouble while in the Army. Missing unit movement is a serious offense, as is AWOL.
2. The applicant made a sworn statement that he went AWOL to force the Army discharge him. In view of the serious offenses committed by the applicant and his statement that he went AWOL to force the Army to discharge him, it would be inappropriate to upgrade the applicant's discharge to the honorable discharge that is provided to Soldiers who complete their enlistment without committing any serious offenses.
3. In view of the foregoing, there is no basis to grant 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) AR20080016873
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016873
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130002038
The applicant requests that his discharge under other than honorable conditions be upgraded to a fully honorable discharge and that he be restored to the pay grade of E-4. On 15 December 1989, after consulting with defense counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial. On 28 March 1990, the appropriate authority...
ARMY | BCMR | CY2013 | 20130012972
The applicant requests, in effect, an upgrade of his under honorable conditions (general) discharge. On 8 July 1988, he accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), for missing movement through neglect, on or about 5 July 1988. On 7 April 1989, his immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations ...
ARMY | BCMR | CY2014 | 20140014201
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests her general, under honorable conditions discharge be upgraded to honorable. When she returned, her drill sergeant told her to just tell them that she had a drug problem as a child and they would let her out of the Army, then they could be together.
ARMY | BCMR | CY2011 | 20110004152
The applicant states he was coerced into submitting his request for discharge. The applicant's military personnel records do not contain any evidence he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Despite the absence of a DD Form 458 in the applicant's military personnel records his records show the applicant's request for separation for the good of the service to avoid trial by court-martial under the provisions of...
ARMY | BCMR | CY2004 | 20040000418C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty); discharge orders dated 5 May 1986; a DA Form 1577 (Authorization for Issuance of Awards); pages 2 – 7 of a Medical Evaluation Board (MEB) Narrative Summary; a DD Form 261 (Report of Investigation Line of Duty and Misconduct Status) with endorsements and enclosures (a DA Form 2173 (Statement of Medical Examination and Duty Status), two DA Forms...
ARMY | BCMR | CY2011 | 20110011132
The applicant requests that his discharge under other than honorable conditions be upgraded to a general discharge. The appropriate authority (a major general) approved his request for discharge on 25 June 1982 and directed that he be discharged under other than honorable conditions. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser-included offense which authorizes the imposition of a bad conduct or...
ARMY | BCMR | CY2009 | 20090000775
IN THE CASE OF: BOARD DATE: 23 June 2009 DOCKET NUMBER: AR20090000775 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his general discharge under honorable conditions be upgraded to a fully honorable discharge. _______ _ 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.
ARMY | BCMR | CY2007 | 20070006482
The applicant requests that his under honorable conditions discharge (General Discharge) be upgraded to an honorable discharge. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. The applicant requests that his general discharge be upgraded to an honorable discharge.
ARMY | BCMR | CY2009 | 20090001264
The applicant requests his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). 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. At times he was characterized as an outstanding performer, while at other times he appeared to push the limits of...
ARMY | BCMR | CY2014 | 20140007541
The letter stated an audit of military personnel records failed to produce any evidence of his discharge or separation from military service. His record is void of any evidence that shows he responded to the letter, contacted the RSD, or reported to the nearest military installation. The DD Form 214 he was issued shows he was discharged on 20 April 1990 in the rank of private under the provisions of Army Regulation 635-200, chapter 14, misconduct - commission of a serious offense -...