IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110009744 


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 upgrade of his general, under honorable conditions discharge to a fully honorable discharge.

2.  The applicant states he wants to regain the honor he thinks he deserves.

	a.  He joined the military at a young age.  He completed boot camp with flying colors.  While in advanced individual training, he lost his first born child but he was able to stick it out for his family.  He was assigned first to Fort Hood, TX and then to Fort Richardson, AK, where he attained the rank/grade of sergeant (SGT)/E-5.

	b.  He was subsequently assigned to Fort Bliss, TX, where he started to have marital problems.  His wife moved to California, so he went absent without leave (AWOL) in an effort to save his marriage.  He got booted out of the Army, the worst day of his life, with no wife and no Army.

	c.  He served his country for more than 7 years of honorable service.  The last 3 months ruined his record.  He served with honor and pride and he is asking to have a fully honorable discharge for services rendered.

3.  The applicant provides no additional documentation.


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 record shows:

	a.  On 21 October 1975, at 17 years, 11 months, and 12 days of age, he enlisted in the Regular Army and completed his initial training.

	b.  He was assigned for duty at:

* Fort Hood from February 1976 - September 1977

* Fort Richardson from September 1977 - December 1980

* Fort Bliss from February 1981 - April 1983

3.  The applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on:

	a.  3 December 1982 for being AWOL from 10 to 18 November 1982 and for failing to go at the time prescribed to his appointed place of duty on 22 and
23 November 1982; and

	b.  14 February 1983 for being AWOL from 13 December 1982 to 12 January 1983 and from 18 to 31 January 1983.

4.  On 14 February 1983, the applicant was notified by his commander that he was being considered for separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  The commander based this action on the applicant's poor performance, negative attitude, and record of NJP's.


5.  On 17 February 1983, the applicant consulted with counsel.  He acknowledged his rights and elected not to make a statement in his own behalf.

6.  On 18 February 1983 at a mental status evaluation, the applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content was normal, and his memory was good.  There was no significant mental illness.  The applicant had the mental capacity to understand and participate in board proceedings and was mentally responsible.

7.  On 23 February 1983, the applicant's battalion commander approved a Bar to Reenlistment Certificate based on his two NJP's and his continued poor attitude and performance.

8.  On 24 March 1983, the appropriate authority approved the recommendation for separation under the provisions of Army Regulation 635-200, chapter 13, with a General Discharge Certificate.

9.  Accordingly, he was discharged on 1 April 1983.  He completed 7 years,
5 months, and 10 days of creditable active service with 59 days of time lost due to AWOL and confinement.

10.  There is no indication that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.

11.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge should be upgraded to a fully honorable discharge because he served honorably for more than 7 years and that only the last 3 months ruined his record.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  The applicant's contention that he was young at the time is not sufficiently mitigating to warrant relief.  The applicant was almost 18 years of age when he enlisted.  He had attained the rank/grade of SGT/E-5 before any negative incidents were documented.  His satisfactory performance shows that he was neither too young nor immature to serve honorably.

5.  The applicant has not provided substantiating evidence showing that he was unfairly punished or that his discharge was inappropriate.

6.  Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct for Army personnel.  Therefore, he is not entitled to an upgrade of his discharge.

7.  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 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)                                         AR20110009744



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ABCMR Record of Proceedings (cont)                                         AR20110009744



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