IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110001189
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 his general discharge be upgraded.
2. The applicant states, in effect, he needs his discharge upgraded to honorable so that he can officially become a member and access insurance and banking through the United Services Automobile Association (USAA).
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 December 1982.
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. His military records are not available for review. However, this case is being considered using reconstructed records which primarily consists of the record provided by the applicant.
3. His DD Form 214 for the period ending 17 December 1982 shows, having prior active and inactive service, he enlisted in the Regular Army on 28 January 1981. He was awarded military occupational specialty 11C (Indirect Fire Infantryman).
4. The facts and circumstances surrounding his discharge are not contained in the available records. However, his DD Form 214 for the period ending
17 December 1982 shows he was discharged under the provisions of Army Regulation 635-200, chapter 13, due to unsatisfactory performance, with a general discharge. He had served a total of 1 year, 11 months, and 24 days of creditable active service with 35 days of lost time. He had also completed
1 year, 11 months, and 24 days of total prior active service.
5. Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel. Chapter 13, in effect at the time, provided for separation due to unsatisfactory performance when, in the commander's judgment, the individual would not become a satisfactory Soldier; retention would have an adverse impact on military discipline, good order, and morale; the service member would be a disruptive influence in the future; the basis for separation would continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely. Service of Soldiers separated because of unsatisfactory performance under this chapter would be characterized as honorable or under honorable conditions.
6. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.
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.
DISCUSSION AND CONCLUSIONS:
1. A discharge is not upgraded for the purpose of making an individual eligible for membership with another organization.
2. In the absence of evidence to the contrary it must be presumed his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service. As a result, there is no basis for granting the applicant's request.
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) AR20110001189
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ABCMR Record of Proceedings (cont) AR20110001189
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