IN THE CASE OF:	

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110008252 


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 discharge under other than honorable conditions be upgraded to honorable.

2.  The applicant states:

* he was a young alcoholic and not in control of his mentality
* his discharge was in 1983 and he does not want this negative mark to remain on his life
* he is not able to go to the Department of Veterans Affairs (VA) for medical help
* he is a recovering addict with 2 1/2 years of sobriety

3.  The applicant provides no 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.  He was born on 17 January 1963.  He enlisted in the Regular Army on 7 May 1980 for a period of 3 years at 17 years of age.  He completed his training and was awarded military occupational specialty 63H (track vehicle repairer).

3.  Nonjudicial punishment (NJP) was imposed against the applicant on 3 December 1981 for disobeying a lawful command.

4.  On 25 August 1982, he underwent a psychiatric evaluation and was found mentally responsible.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.

5.  On 1 November 1982, he was absent without leave (AWOL) and returned to military control on 1 March 1983.  Charges were preferred against the applicant for the AWOL period on 3 March 1983.

6.  On 3 March 1983, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10.  He indicated that by submitting his request for discharge he acknowledged he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He indicated he understood he might be discharged under conditions other than honorable and furnished an Under Other Than Honorable Conditions Discharge Certificate, he might be ineligible for many or all benefits administered by the VA, he would be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected to make a statement in his own behalf.  In summary, he stated he was AWOL because he could not cope with reality any longer because his wife left him for his friend and he could not put up with his noncommissioned officers or officers.  He indicated his father had a heart attack and he was not allowed to go home on emergency leave so he left without authority.

7.  NJP was imposed against the applicant on 11 March 1983 for being disrespectful in deportment toward a staff sergeant, disobeying a lawful order, and behaving with disrespect toward a major.

8.  On 11 March 1983, the separation authority approved the applicant's voluntary request for discharge and directed his discharge under other than honorable conditions.

9.  He was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial on 23 March 1983 under the provisions of Army Regulation 635-200, chapter 10.  He completed a total of 2 years, 6 months, and 16 days of creditable active service with 123 days of lost time.

10.  There is no evidence of record which shows he was diagnosed with alcohol abuse or dependency prior to his discharge.

11.  There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within that board's 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

13.  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.

14.  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.  He contends he was a young alcoholic.  However, age is not a sufficiently mitigating factor.  Although he was 17 years of age when he enlisted, he successfully completed training.  There is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military terms of service.  In addition, there is no evidence of record which shows he was diagnosed with alcohol abuse or dependency prior to his discharge.  In any case, he could have referred himself for treatment.

2.  He contends he was not in control of his mentality.  However, he underwent a psychiatric evaluation on 25 August 1982 and he was found mentally responsible.

3.  He contends he cannot go to the VA for medical assistance.  However, a discharge is not changed for the purpose of obtaining VA benefits.

4.  His record of service included two NJP's and 123 days of lost time.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, his record of service is insufficiently meritorious to warrant an honorable or a general discharge.

5.  His voluntary request for separation for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.

6.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

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)                                         AR20110008252



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ABCMR Record of Proceedings (cont)                                         AR20110008252



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