IN THE CASE OF:
BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090013402
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 from under other than honorable conditions to an honorable discharge.
2. The applicant states, in effect, he completed drug rehabilitation and joined the New Birth Church/Family Health Center since his discharge from the military and has had no criminal record in the last five years.
3. The applicant provides no additional documentation in support of this case.
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 22 March 1977 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Infantryman). On 31 July 1978, the applicant was promoted to the grade of specialist four (SPC4)/E-4. On 8 January 1979, the applicant was honorably discharged and immediately reenlisted on
9 January 1979 for a 4-year term of service.
3. The applicant's discharge proceedings are not available.
4. The applicant's service personnel records do not contain the facts and circumstances surrounding his separation process. However, his DD Form
214 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 1985 shows that he was discharged on 20 February 1985 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) by reason of "MISCONDUCT - PATTERN OF MISCONDUCT" at the grade of private (PVT)/E-1. His characterization of service was under other than honorable conditions after completing 6 years, 1 month, and 12 days of creditable active service for that term of service.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed and an unfit medical condition is not the direct or substantial contributing cause of his misconduct. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
6. Army Regulation 635-200, paragraph 3-7, 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.
7. 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. The applicant's post-service conduct and achievement are noteworthy. However, good post service conduct and achievement alone are not a basis for upgrading a discharge and, upon review, the applicant's good post-service conduct and achievement are not sufficient to mitigate his indiscipline in the Regular Army.
2. Lacking evidence to the contrary, it is presumed that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. Therefore, it is concluded that the applicants discharge was proper and equitable.
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) AR20090013402
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013402
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020526
On 24 October 1985, the applicant's commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, paragraph 14-12c and d. The reason for his proposed action was the applicant's positive urinalysis as a noncommissioned officer (NCO). In his statement, he requested he be given an honorable discharge based upon his outstanding record of 6 years and 9 months of service. The evidence...
ARMY | BCMR | CY2009 | 20090001559
[She encloses her high school transcript to substantiate this claim.] The high school transcript submitted by the applicant shows that she made straight D's in math classes and that she graduated 15th in a class of 18. Although the discharge documentation is not of record, the evidence of record shows that the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.
ARMY | BCMR | CY2012 | 20120002509
The applicant requests that his discharge under other than honorable conditions be upgraded to an honorable discharge. After considering all of the evidence and testimony presented, the board found that he was undesirable for further retention and recommended that he be discharged under other than honorable conditions. 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.
ARMY | BCMR | CY2010 | 20100025632
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 7 August 1985, the applicant's commander notified him of initiated action to discharge him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), by a pattern of misconduct. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.
ARMY | BCMR | CY2010 | 20100024632
On 27 March 1985, the U. S. Army Court of Military Review set aside and dismissed the findings of guilty of Specifications 1 and 3 (wrongful possession of methamphetamine) of the Charge. Paragraph 3-11 of this regulation states that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately...
ARMY | BCMR | CY2014 | 20140004078
The applicant states: * his DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) stated he should lose one pay grade from E-6 * his DD Form 214 shows his pay grade as E-1 * his discharge was too severe and does not reflect his exemplary service * he has performed outstanding community service and his one incident during his military service is not indicative of his entire military service 3. On 16 July 1985, the applicant's immediate commander...
ARMY | BCMR | CY2009 | 20090003148
The applicant requests, in effect, an upgrade of the character of service of his under honorable conditions discharge to an honorable discharge. The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant on the date of his separation confirms he was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 14, based on civilian conviction with the separation code "JKB." There is no evidence the applicant applied to...
ARMY | BCMR | CY2008 | 20080017105
The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 31 August 1982 and was discharged on 22 May 1989 under other than honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), based on civilian conviction. The evidence of record also shows that the requirement to prepare the DD Form 214 for enlisted members discharged for immediate reenlistment was...
ARMY | BCMR | CY2010 | 20100000287
On 11 March 1986, the applicant was discharged from active duty in pay grade E-1 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct for abuse of illegal drugs. Army Regulation 635-200, paragraph 3-7b, also provided that a general discharge was a separation from the Army under honorable conditions. The board recommended he be separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct for abuse of illegal drugs and issued an...
ARMY | BCMR | CY2013 | 20130002750
The applicant requests an upgrade of his general discharge (GD) to an honorable discharge (HD). Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. Based on his record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.