IN THE CASE OF:	  

		BOARD DATE:	    20 May 2010

		DOCKET NUMBER:  AR20090018015 


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, in effect, his discharge under other than honorable conditions be upgraded to an honorable or a general discharge.

2.  The applicant states:

* he was 30 days short of the expiration of his term of service
* he needed counseling for alcoholism, which was not made available to him at the time
* his drinking significantly impacted the choices he made when he left the Army
* had he had proper counseling, it is highly unlikely he would have made the poor decisions he made
* he has been sober for 16 years and knows that his judgment was greatly impaired by his drinking

3.  The applicant provides no additional documentation in support of his appeal.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 8 June 1983, the applicant enlisted in the Regular Army for 3 years in the pay grade of E-4.  He completed his training as a food service specialist and he was advanced through the ranks to specialist (E-4).

3.  The applicant went absent without leave (AWOL) on 4 April 1986 and he remained absent in desertion until he was apprehended by civil authorities and returned to military control on 10 November 1986.

4.  On 14 November 1986, he was notified that charges were pending against him for being AWOL.  He acknowledged receipt of the notification and after consulting with counsel he submitted a request for discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations), for the good of the service in lieu of trial by court-martial.

5.  In his request for discharge he initialed that he had no desire to undergo a physical evaluation prior to separation and that he was not submitting a statement in his own behalf.

6.  In an interview of the applicant by his commanding officer prior to his discharge, he stated that he went AWOL for personal reasons.

7.  The appropriate authority approved the request for discharge on 2 December 1986 and directed the issuance of a discharge under other than honorable conditions.

8.  Accordingly, on 12 December 1986, the applicant was discharged under other than honorable conditions under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  He had completed 2 years, 10 months, and 28 days of net active service this period and he had approximately 220 days of lost time due to AWOL.

9.  The available records do not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides 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.

11.  Army Regulation 635-200, paragraph 3-7a, of 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 member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

12.  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 Soldier's separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered and they are not substantiated by the evidence of record.

2.  His records show he went AWOL and he remained absent in desertion for approximately 220 days until he was apprehended by civil authorities and returned to military control.

3.  There is no evidence in the available record and the applicant has not submitted any evidence to show that he had an alcohol problem while he was in the Army and/or that he sought counseling that was not provided for him.

4.  During the interview prior to his discharge, he stated he went AWOL for personal reasons.  He made no reference to having an alcohol problem.  The official records show the action taken by the Army in his case was correct.


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)                                         AR20090018015



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ABCMR Record of Proceedings (cont)                                         AR20090018015



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