IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110008476 


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 going through a divorce and was very upset and tried to work it out but he was absent without leave (AWOL) 
* He managed to save his marriage but knew what he did was wrong
* This was an isolated incident
* Since his discharge he has been a productive law abiding citizen
* He needs his discharge upgraded because he has an opportunity to get a job to support his family  

3.  The applicant provides:

* Three character reference letters
* DD Form 214 (Certificate of Release or Discharge from Active Duty)  

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 19 September 1986 for a period of 3 years.  He completed his training and was awarded military occupational specialty 76Y (unit supply specialist).  On 16 April 1989, he was honorably discharged for immediate reenlistment.  On 17 April 1989, he reenlisted for a period of 3 years.

3.  On 8 November 1989, he was convicted by a special court-martial of being AWOL from 7-8 September 1989, 19-20 September 1989, and 22 September 1989 to 9 October 1989; and six failures to repair.  He was sentenced to be reduced to E-1, to forfeit $466.00 pay for 6 months, and to be confined for           6 months.  On 30 November 1989, the convening authority approved the sentence but suspended confinement in excess of 4 months for a period of 
6 months.  On 6 February 1990, the suspended portion of the sentence was vacated.    

4.  The facts and circumstances surrounding his discharge are not contained in the available records.  However, his DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (commission of a serious offense), with a discharge under other than honorable conditions on 6 April 1990.  He had served a total of 3 years, 1 month, and 11 days of creditable active service with approximately 57 days of lost time.  

5.  He provided three character reference letters from friends who attest:

* He is an over achiever and outstanding individual
* He is dependable, outgoing, and hard working
* He is a good person and hard working family man

6.  There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. 

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.  Chapter 14, in effect at the time, established policy and prescribes procedures for separating members for misconduct.  Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, and abuse of illegal drugs.  The issuance of a discharge under other than honorable conditions was normally considered appropriate.  

8.  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.

9.  Army Regulation 635-200, paragraph 3-7b, states 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.  Good post service conduct alone is normally not a basis for upgrading a discharge.

2.  A discharge is not upgraded for the purpose of enhancing employment opportunities.

3.  The character reference letters submitted on behalf of the applicant fail to show his discharge was unjust and should be upgraded.

4.  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)                                         AR20110008476



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ABCMR Record of Proceedings (cont)                                         AR20110008476



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