IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110001558
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 to an honorable discharge.
2. The applicant states he has lived the required amount of time honorably since his discharge in 1989. He is a taxpaying citizen, he is a father of six children, and he has two grandchildren. He would like the upgrade to increase his employment opportunities.
3. The applicant does not provide any additional evidence.
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's military records show he enlisted in the Regular Army on 20 October 1987 and was awarded the military occupational specialty of heavy anti-armor weapons infantryman.
3. The applicant was counseled in writing concerning his duty performance three times, failing to be at the time prescribed at his place of duty two times, failing to pay his just debts, losing his military identification card, and using illegal drugs.
4. He accepted nonjudicial punishment (NJP) twice, once for wrongfully using marijuana and once for unlawfully altering a public record.
5. On 6 March 1989, the applicant's commander notified him of his intent to recommend his separation due to misconduct and of his rights in conjunction with that recommendation. The applicant requested legal counsel and then waived his rights contingent upon receiving no less than a general discharge.
6. On 30 March 1989, the applicant's commander forwarded a recommendation to discharge the applicant for misconduct. That recommendation was approved by the appropriate authority. Accordingly, on 21 April 1989 the applicant was given a general discharge for misconduct pattern of misconduct.
7. On 10 September 1996, the applicant was informed that his request for an upgrade of his discharge was denied by the Army Discharge Review Board.
8. Army Regulation 635-200 (Enlisted 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, commission of a serious offense, convictions by civil authorities, and desertion or absence without leave. When discharge is ordered under this authority, a discharge under other than honorable conditions is considered appropriate.
9. Army Regulation 635-200, paragraph 3-7a, states 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 members 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 Army does not have and has never had a policy to automatically upgrade a discharge based solely on the passage of time.
2. While it is commendable that the applicant has lived honorably since his discharge and has raised a family, this does not constitute a basis for changing a properly-issued discharge.
3. In the applicant's case he was formally counseled on his misconduct on eight occasions and accepted NJP twice. Such a record certainly does not meet the criteria for issuance of an honorable discharge.
4. The applicant was already afforded leniency when he was given a general discharge. An discharge under other than honorable conditions is normally considered appropriate for Soldiers who are discharged for misconduct.
5. In view of the foregoing, 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 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) AR20110001558
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001558
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019031
The applicant requests that his general discharge be upgraded to fully honorable. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. _______ _ 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.
ARMY | BCMR | CY2005 | 20050004201C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The separation authority approved the discharge recommendation and directed that the applicant be discharged with a general discharge. Once enrolled in the New GI Bill the individual's basic pay was reduced $100.00 per month for each of the first full 12 months of active duty and could not be refunded, suspended or stopped.
ARMY | BCMR | CY2007 | 20070008992
Stone Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The DD Form 214 he was issued at the time of his discharge confirms he was discharged with a Bad Conduct Discharge as a result of Court-Martial, in accordance with chapter 3 of Army Regulation 635-200 (Personnel Separation). William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR20070008992 SUFFIX RECON DATE BOARDED 20071211 TYPE OF DISCHARGE (BCD) DATE OF...
ARMY | BCMR | CY2012 | AR20120017639
On 20 January 2011, the applicant's unit commander notified him he was initiating action which could result in separation from the Army with a general discharge under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for patterns of misconduct: possession of a vehicle which had been reported stolen, violation of two lawful orders given by his company commander, on divers occasions failing to go to his appointed...
ARMY | BCMR | CY2012 | 20120017639
On 20 January 2011, the applicant's unit commander notified him he was initiating action which could result in separation from the Army with a general discharge under honorable conditions under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for patterns of misconduct: possession of a vehicle which had been reported stolen, violation of two lawful orders given by his company commander, on divers occasions failing to go to his appointed...
ARMY | BCMR | CY2015 | 20150000666
The applicant requests an upgrade of his general discharge under honorable conditions to fully honorable. On 1 August 1989, the unit commander notified the applicant he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) chapter 14. He further acknowledged that he understood if he received a character of service which was less than honorable he could make an application to the Army Discharge Review...
ARMY | BCMR | CY2009 | 20090010399
The separation packet also includes statements from one officer and six noncommissioned officers, all dated on or about 15 March 1990, recommending the applicant receive an honorable discharge. On 23 May 1990, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) for misconduct citing his wrongful use of marijuana and...
ARMY | BCMR | CY2010 | 20100024246
The applicant again accepted NJP on 4 May 1994 for failing to go at the time prescribed to his appointed place of duty. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. ABCMR Record of Proceedings (cont) AR20100024246 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2014 | 20140008593
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to honorable. On 11 March 1991, the applicants commander notified him of his intent to recommend him for separation under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 14, for misconduct due to the commission of a serious offense by the wrongful use of cocaine on two separate occasions. On 26 June 1991, the appropriate authority approved the...
ARMY | BCMR | CY2010 | 20100028411
The applicant requests upgrade of his general discharge to an honorable discharge. He further acknowledged that if he received a discharge certificate/character of service which was less than honorable, he could make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade of his discharge. His DD Form 214 shows he was discharged on 18 April 1989 under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct - pattern of misconduct, with a...