BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110008532
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 Under Other Than Honorable Conditions (UOTHC) discharge be upgraded.
2. The applicant states he needed counseling after serving in Desert Storm. He wasn't mentally ready to handle anything else due to stress.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and excerpts from his military medical records.
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. The applicants military records show that he enlisted in the Regular Army on 2 April 1986, was awarded the military occupational specialty of automated logistical specialist, served in Southwest Asia (SWA) during Operation Desert Storm from 4 January to 2 May 1991, and was promoted to pay grade E-4.
3. On 21 May 1993, court-martial charges were preferred against the applicant for being absent without leave (AWOL) from 3 November 1992 until his apprehension by civilian authorities on 13 May 1993. On 21 May 1993, the applicant consulted with legal counsel and voluntarily requested discharge in lieu of trial by court-martial. He did not submit any matters of mitigation for the approving authority to consider when determining whether to accept his request or in characterizing his service.
4. His request was approved by the appropriate authority. Accordingly, on 15 September 1993, he was given a UOTHC discharge under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 10.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, 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 UOTHC discharge is normally considered appropriate.
6. 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.
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 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.
8. On 15 November 2007, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant had over 6 months of AWOL which was terminated by his apprehension by civilian authorities. Such a prolonged absence is serious misconduct and certainly warranted a UOTHC discharge.
2. While the applicant served in SWA during Operation Desert Storm as an automated logistical specialist there is no evidence that he was suffering from stress or that stress caused him to go AWOL. He did not submit any medical records showing he had been treated for stress-related problems while he was on active duty and he did not tell his command he was having stress-related problems when he was apprehended.
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) AR20110008532
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110008532
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005631
The applicant requests, in effect, that his under other than honorable conditions (UOTHC) discharge be changed to a medical discharge; and that awards he is eligible for based on his service in Southwest Asia (SWA) in support of Operation Desert Shield/Storm be added to his record. The DD Form 214 he was issued shows he was administratively separated under the provisions of Chapter 10, Army Regulation 635-200 (Personnel Separations Enlisted Personnel), in lieu of trial by court-martial...
ARMY | DRB | CY2006 | AR20060013488
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Certification Signature and Date Approval...
ARMY | BCMR | CY2008 | 20080016951
The applicant requests correction of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the correct dates of his service in Southwest Asia and to show his service in Somalia. This DD Form 215 should have also corrected the applicant's records to show his service in Somalia. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2004 | 20040004132C070208
Peter B. Fisher | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant claims that he was unaware the CIB was not included in the awards listed on his separation document (DD Form 214) and that others in his unit received the award. United States Army Human Resources Command (HRC), confirm that the applicant’s unit (C Company, 4th Battalion, 7th Infantry) was awarded the Valorous Unit Award (VUA) for the period...
ARMY | BCMR | CY2008 | 20080013987
The applicant requests that he be awarded the Combat Infantryman Badge (CIB). On 11 October 1990, he was ordered to active duty in support of Operation Desert Shield/Storm. The applicant was not serving in an infantry unit as an infantryman in SWA and there is no evidence to show that he engaged the enemy in combat in that capacity.
ARMY | BCMR | CY2009 | 20090008753
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service and all earned awards. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. As a result, it would be appropriate to correct the applicant's record and DD Form 214 to document SWA service from 1 January through 13 June 1991, as confirmed by the DFAS record by amending item 12f and item 18 accordingly.
ARMY | BCMR | CY2009 | 20090015126
The applicant states awards are missing from his DD Form 214 and specifically identifies the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) awarded for service in Southwest Asia (SWA) between 17 January 1991 and 28 February 1991. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. The evidence of record confirms the applicant served in SWA from 2 January 1991 to 5 May 1991.
ARMY | BCMR | CY2005 | 20050006145C070206
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal, the Combat Infantryman Badge and two Overseas Service Ribbons. The applicant requested correction of his records to show an award of the Bronze Star Medal. His DD Form 214 shows he was awarded the Army Achievement Medal (Second Oak Leaf Cluster), the Army Lapel Button, the Army Service Ribbon, the Kuwait Liberation Medal, the National Defense...
ARMY | BCMR | CY2008 | 20080013996
A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. The certificate he provided showing he participated in Operation Desert Storm does not show his inclusive dates of deployment to SWA. If the applicant discovers additional corroborating evidence to show his inclusive dates of assignment in SWA at a future date, he may resubmit his request to this Board.
ARMY | BCMR | CY2011 | 20110011666
The applicant requests upgrade of his under other than honorable conditions (UOTHC) discharge to a general or fully honorable discharge. On 11 June 1993, the separation authority approved the applicant's request for discharge for the good of the service and directed the issuance of a UOTHC discharge and reduction to pay grade E-1. On 4 May 1993 he was charged with being AWOL from 30 October 1992 through 4 May 1993.