BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030052 


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, that his undesirable discharge (UD) be upgraded to a general discharge (GD). 

2.  He states, in effect, there is no error in his record.  He was a young teenager at the time that he served in the military and he did not know or understand how to make a life in the military.  

3.  He contends he was not given any support from home while trying to make it on his own.  During his tour of duty in Germany there were many things he did not know and understand.  He also adds that he applied for supplemental security income disability through the Social Security Administration, but he was told he needed to apply through the Department of Veterans Affairs (VA) due to his military service. 

4.  He provides certified copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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.  His records show that he was born on 28 April 1954 and he was voluntarily inducted into the Army of the United States on 25 May 1971.  A Selective Service System (SSS) Form 254 (Application for Voluntary Induction) shows he obtained the consent of his parent (mother) for voluntary induction, because he was age 17 at the time.  He served in military occupational specialty 64C (Motor Transportation Operator).

3.  On 1 June 1971, he was honorably discharged for the purpose of immediate enlistment.  On 2 June 1971, he enlisted in the Regular Army for 3 years.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 33 (Appointments and Reductions) – the highest grade he obtained while serving in the Army was private first class (PFC)/E-3;
   
   b.  Item 38 (Record of Assignments) – he was assigned to Company B, 503rd Supply and Transportation Battalion, 3rd Armored Division from 18 January through 10 May 1972.  He received an "excellent" rating in areas of conduct and efficiency during this assignment;
   
   c.  Item 38 also shows he was assigned to Headquarters and Headquarters Company, 503rd Supply and Transportation Battalion, 3rd Armored Division from 11 May through 26 September 1972, and received an "unsatisfactory" rating in the areas of conduct and efficiency for this period; and
   
   d.  Item 41 (Awards and Decorations) does not show any acts of valor or special recognition.
   
5.  His record shows he was administered nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) on three separate occasions for the following offenses:

* 9 July 1971 – failing to go to his appointed place of duty 
* 31 May 1972 – absenting himself from his appointed place of duty
* 7 July 1972 – damaging government property by kicking a door


6.  A DA Form 268 (Report for Suspension of Favorable Personnel Actions) was initiated by his immediate commander on 12 September 1972.  This document shows the applicant was being released from active duty under the provisions of Chapter 10, Army Regulation 630-200 (should be Army Regulation 635-200) (Personnel Separations - Enlisted Personnel), for the good of the service).

7.  His records are absent documents related to his administrative separation action.  However, his record does contain Headquarters, 3rd Armored Division, Special Orders Number 264, dated 20 September 1972, which show he was reassigned to the U.S Army Transfer Station, Fort Dix, NJ for separation processing, effective 27 September 1972.  These orders show it was directed that the applicant be discharged under the provisions of chapter 10, Army Regulation 635-200, assigned Separation Program Number (SPN) 246, and the issuance of an Undesirable Discharge Certificate.
 
8.  Accordingly, on 27 September 1972, he was discharged under the provisions of Army Regulation 635-200, chapter 10 (For the Good of the Service).  He was issued a DD Form 258A (Undesirable Discharge Certificate) and his character of service was "Under Conditions Other Than Honorable."  He completed a total of 1 year, 4 months, and 3 days of total active service. 

9.  There is no indication he applied to the Army Discharge Review Board within that board’s 15-year statute of limitations. 

10.  Army Regulation 635-200, in effect at the time, provided the authority for separation of enlisted Soldiers.   Chapter 10 (Discharge for the Good of the Service) of this regulation provides that a member who has committed an offense or offenses, the punishment for any of which includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the Service.

11.  Army Regulation 635-200, paragraph 3-7b, provides that a GD 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.  He contends he was a young teenager during his military service and did not understand many things about making a life in the military.  The evidence of record shows that he was 17 years and 28 days at the time of his induction into the military.  He obtained the grade of PFC and received "excellent" ratings in the areas of conduct and efficiency up until his last assignment.  He was 19 years of age at the time of discharge.  There is no evidence he was any less mature than other Soldiers of the same age who successfully completed their military service obligations.

2.  His record shows he received NJP under the UCMJ on three occasions and eventually favorable personnel actions were suspended for the purpose of separation under the provisions of chapter 10, Army Regulation 635-200.  By regulation, he submitted a voluntary request for discharge based on a commission of an offense or offenses, the punishment for any of which included a bad conduct or dishonorable discharge.  

3.  Therefore, in the absence of evidence to the contrary, it is presumed he was properly and equitably discharged in accordance with the regulations in effect at that time, all requirements of law and regulations were met, and the rights of the applicant were fully protected throughout the separation process.

4.  The ABCMR does not grant a request for upgrade of a discharge for the purpose of making the applicant eligible for VA benefits.

5.  In view of the foregoing, he is not entitled to the requested relief. 

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)                                         AR20100030052



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ABCMR Record of Proceedings (cont)                                         AR20100030052



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