BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008568
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 that his general discharge (GD) be upgraded to an honorable discharge (HD).
2. The applicant states a voluntary discharge due to sole parenthood does not automatically constitute a GD. His service was of the highest caliber and consistent with professionalism and dedication to duty.
3. The applicant provides a biographical summary, two statements on character, and his 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 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 applicant enlisted in the Regular Army on 26 July 1985 and reenlisted on 27 July 1987.
3. On 18 October 1990, a general court-martial found the applicant guilty of assault consummated by battery and housebreaking.
4. On 25 January 1991, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 6-3B(2) for sole parenthood. The discharge authority approved a general discharge.
5. On 2 November 1994, the Army Discharge Review Board (ADRB) granted the applicant an upgrade of the characterization of his service to honorable. The ADRB determined that the applicant had not been properly notified of the factors in his record that warranted a general discharge.
6. The official record contains a copy of the original DD Form 214 marked "VOID" and a handwritten DD Form 214WS but no re-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's reason for separation was due to hardship based on being a sole parent; however, his characterization of service as under honorable conditions was based on his assault conviction.
2. Notwithstanding the reason for the characterization apparently being the general court-martial, the ADRB found that the applicant had not been properly notified of the reason for the original characterization and upgraded the characterization of his service to honorable.
3. It appears that a new DD Form 214 was started to replace the voided form; however, this action was not completed as shown by the fact that the applicant is again requesting an upgrade of his discharge.
4. While no action is required by the Board on the issue of upgrading the applicants characterization of service, it is appropriate to direct that the ADRB upgrade be completed and the applicant issued a new DD Form 214.
BOARD VOTE:
__X___ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a new DD Form 214 showing an honorable characterization of service as directed by the 2 November 1994 ADRB proceedings.
_______ _ 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.
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