IN THE CASE OF:
BOARD DATE: 3 March 2009
DOCKET NUMBER: AR20080018116
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 honorable.
2. The applicant states that he is working very hard to change his life for the better.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 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 enlisted in the Regular Army on 6 January 1981 for a period of 4 years. He successfully completed one station unit training in military occupational specialty 11B (infantryman).
3. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicants DD Form 214 shows that on 29 December 1982 he was discharged with a general discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13, for unsatisfactory performance. He had completed 1 year, 11 months, and 12 days of creditable active service with 12 days of lost time due to being absent without leave.
4. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commanders judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.
5. Army Regulation 635-200, 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.
DISCUSSION AND CONCLUSIONS:
In the absence of evidence to the contrary, it must be presumed that the applicants separation was administratively correct and in conformance with applicable regulations. Without having the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service. As a result, there is no basis for granting the applicant's request for an honorable discharge.
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) AR20080018116
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018116
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090008902
On 1 June 1983, the applicants commander initiated action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, for unsatisfactory performance. On 17 June 1983, the applicant was discharged, in pay grade E-2, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance, with a general, under honorable conditions discharge. There is no evidence the applicant applied to the Army Discharge...
ARMY | BCMR | CY2012 | 20120012213
The unit commander advised the applicant of his rights to consult with legal counsel, to submit written statements in his own behalf, and to obtain copies of documents that would be sent to the separation authority supporting the proposed separation action. On 27 October 1982, the separation authority approved the applicant's discharge action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 13, paragraph 13-4, with a General Discharge...
ARMY | BCMR | CY2010 | 20100008533
Accordingly, the applicant was discharged with a general discharge on 12 May 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. 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's brief record of service included adverse counseling statements and thee nonjudicial punishments.
ARMY | BCMR | CY2011 | 20110002227
Application for correction of military records (with supporting documents provided, if any). The applicant requests upgrade of his general discharge to an honorable discharge. It does contain the unit commanders recommendation for separation and a properly-constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that identifies the authority and reason for separation as Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13 (Unsatisfactory...
ARMY | BCMR | CY2010 | 20100017200
On 2 August 1983, the unit commander notified the applicant of his intent to initiate separation action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. On 12 August 1983, the separation authority directed the applicant's separation under the provisions of Army Regulation 635-200, chapter 13, with a general discharge. ___________X____________ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2011 | 20110015002
The separation authority approved the recommendation for separation under the provisions of Army Regulation 635-200, chapter 13 and directed the applicant be furnished a general discharge. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 20 July 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with a general discharge. There is no evidence the applicant applied to the Army Discharge Review...
ARMY | BCMR | CY2011 | 20110000751
The applicant states: * He was discharged because of a medical problem (schizophrenia) * His discharge is inequitable because he had a mental illness which manifested itself while he was in the service and it was unknown prior to that 3. On 3 May 1983, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2009 | 20090017515
Application for correction of military records (with supporting documents provided, if any). There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge within its 15-year statute of limitations. ___________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 | CY2010 | 20100017767
On 15 December 1983, the unit commander notified the applicant of his intent to initiate separation action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. On 19 December 1983, the separation authority directed the applicant's separation under the provisions of Army Regulation 635-200, chapter 13, with a general discharge. The DD Form 214 he was issued shows he was discharged on 28 December 1983...
ARMY | BCMR | CY2008 | 20080016651
On 13 October 1993, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, for unsatisfactory performance. Accordingly, the applicant was discharged with a general discharge on 5 November 1993 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The regulation states the reason for discharge based on separation code JHJ is Unsatisfactory...