BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100012385 


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 an upgrade of his discharge from general to honorable.

2.  The applicant states:

* he has greatly matured and improved himself as a man
* he is still proud to have served in the U.S. Army
* he has made some bad choices for which he had to suffer
* his life has changed and he wants to further his education to help better support his family
* he wants to be able to put his discharge on his "family wall"
* he is not the same man he was 18 years ago

3.  The applicant provides two letters of support from friends and associates attesting to his post service conduct.

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 18 May 1990, the applicant enlisted in the Army for 4 years and he completed his training as a bridge crewmember.

3.  Nonjudicial punishment (NJP) was imposed against the applicant on two separate occasions for being absent from his place of duty (four specifications) and for willfully disobeying a lawful order.

4.  The applicant was counseled on seven separate occasions for the following incidents:

* failure to clean, clear, and turn in keys to government quarters
* missing formation (seven specifications)
* failure to obey posted speed limits on the installation
* not shaving

5.  On 18 March 1992, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct – commission of a serious offense.  He acknowledged receipt of the notification and, after consulting with counsel, he elected not to submit a statement in his own behalf.  

6.  The appropriate authority approved the recommendation for discharge on 26 March 1992 and he directed the issuance of a General Discharge Certificate.

7.  Accordingly, on 13 April 1992, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-24c, for misconduct – commission of a serious offense.  He had completed 1 year, 10 months, and 2 days of net active service this period and he was issued a General Discharge Certificate. 

8.  On 9 March 2000, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge.





9.  The two letters of support the applicant submitted from friends and associates attest to his post-service conduct.  The individuals who authored the letters state what a pleasure it is to work with the applicant and that he is kind, respectful, eager to learn, professional, and a good colleague.

10.  Army Regulation 635-200 (Personnel Separations) 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 consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  

11.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered along with his letters of support.

2.  However, the available evidence shows NJP was imposed against him twice and was counseled on numerous occasions as a result of his acts of indiscipline. 

3.  Although he contends he is not the same man he was 18 years ago, considering the nature of his offenses and his numerous acts of indiscipline, the type of discharge he was issued appropriately reflects his overall record of service as his service was not totally honorable.

4.  The applicant has not shown error or injustice in the type of discharge he was issued.




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)                                         AR20100012385





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ABCMR Record of Proceedings (cont)                                         AR20100012385



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