IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024841 


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 under other than honorable conditions be upgraded and that he receive a more favorable Narrative Reason for Separation, Separation Code, and Reenlistment (RE) Code.

2.  The applicant states, in effect, that being under the influence of alcohol at an early age has proven to be an error of his youthful age and he admits that his misconduct was a part of his character in his younger years.  However, he has discovered the true meaning of authority, how to function and how to give back to society.  He goes on to state that for the past 10 years he has been delivering messages of growth and maturity to hundreds of inmates by conducting classes at the local correctional facilities teaching the youth population the importance of accountability.  He requests that the Board consider his contributions to society and grant him an upgrade of his discharge.

3.  The applicant provides:

* A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Two third-party letters of support
* A copy of his license to practice ministry
* A copy of a Certificate of Fellowship
* A copy of a Certificate of Membership in the World Life Center
* Copies of medical treatment records


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.  The applicant enlisted in the Regular Army on 2 December 1986 for a period of 3 years and assignment as a food service specialist with the 1st Infantry Division, Fort Riley, Kansas.  He was transferred to Fort Riley on 11 December 1986 for his first and only duty assignment.

3.  His records show he went absent without leave (AWOL) from 1 to 5 October 1987 and from 6 to 8 June 1988.  He was never advanced above the pay grade of E-3.

4.  The facts and circumstances surrounding his discharge action are not present in the available records as they were loaned to the Department of Veterans Affairs (VA) in Waco, Texas on 13 April 1989.  However, the available records show he was discharged on 26 August 1988 under the provisions of paragraph 14-12b, Army Regulation 635-200, due to misconduct – pattern of misconduct, with an under other than honorable conditions discharge.  He had served 1 year, 8 months, and 18 days of total active service and was given an RE Code of 3 and 3B.

5.  There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

6.  Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, commission of a serious offense, and drug abuse.  Although an honorable or general is authorized, a discharge under other than honorable conditions is normally considered appropriate.

7.  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.  

8.  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.  

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  Since there is no evidence to show he was improperly separated, it is presumed he was given the appropriate narrative reason for separation and RE code.

2.  Accordingly, his discharge appropriately characterizes his otherwise undistinguished record of service during the period in question.  His service simply does not rise to the level of a general discharge.

3.  The applicant’s contentions have been noted; however, good post-service conduct in itself is insufficient to warrant an upgrade when compared to his undistinguished record of service during such a short period of service.

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)                                         AR20100024841



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ABCMR Record of Proceedings (cont)                                         AR20100024841



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