BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110012239 


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, in effect, upgrade of his under other than honorable conditions discharge to a more favorable discharge and change of the reason for his discharge for medical reasons.

2.  The applicant states he served honorably for his initial obligation of 3 years and that his discharge was inappropriate because he was dealing with medical issues at the time.  He goes on to state that his record should show that he reached out for help and he admits he dealt with the matters inappropriately; however, he did not know what to do.  He further states his discharge should have been for psychological reasons, stress disorders, depression, alcoholism and drug abuse/dependence, and that all matters were beyond his control.

3.  The applicant provides no supporting documents with his application.

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 3 January 1985 for a period of 3 years and training as an M1 Abrams Tank Turret Mechanic.  He completed his one-station unit training (OSUT) at Fort Knox, KY and he was reassigned to Germany on 27 May 1985.  He completed his tour in Germany on 5 December 1986 and was reassigned to Fort Riley, KS.

3.  On 13 August 1987, he reenlisted for a period of 5 years and a selective reenlistment bonus (SRB).  He married on 25 December 1987.

4.  The applicant went absent without leave (AWOL) from 7-8 January 1988.  He again went AWOL on 10 February 1988 and he remained absent in desertion until he surrendered to military authorities at Fort Benning, GA on 4 April 1988.  He was transferred to Fort Knox where charges were preferred against him for the AWOL offenses.

5.  On 12 April 1988, after consulting with defense counsel, the applicant submitted a request for discharge under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  He indicated he was making the request of his own free will without coercion from anyone and he was aware of the implications attached to his request.  He also admitted he was guilty of the charge against him or of lesser-included offense(s) which authorized the imposition of a bad conduct or dishonorable discharge.  He acknowledged he understood he could receive a discharge under other than honorable conditions and he might be deprived of all benefits as a result of such a discharge.  He further declined to submit a statement or explanation in his own behalf.

6.  The appropriate authority approved the applicant's voluntary request for discharge on 18 April 1988 and directed his separation with an under other than honorable conditions discharge.

7.  Accordingly, on 23 May 1988, he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial with an under other than honorable conditions discharge.  He completed 3 years, 2 months, and 26 days of creditable active service with 55 days of time lost due to AWOL.

8.  There is no evidence in the available record to show he applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s
15-year statute of limitations.

9.  A review of his official records shows that he was enrolled in the Army Alcohol and Drug Abuse Prevention Control Program (ADAPCP) on 12 January 1988.  His record also shows he declined a physical/medical examination at the time of his discharge.

10.  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 discharge under other than honorable conditions is normally considered appropriate.

11.  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.

12.  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.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.  Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances.

2.  After being afforded the opportunity to assert his innocence before a trial by court-martial, he voluntarily requested a discharge for the good of the service in 

hopes of avoiding a punitive discharge and having a felony conviction on his record.  In doing so he admitted guilt to the charges against him.

3.  The applicant's contentions have been noted; however, they are not sufficiently mitigating to warrant relief under the circumstances, especially given the length of his absence, his undistinguished record of service, the absence of mitigating circumstances at the time, and the length of his absence.  His service simply did not rise to the level of a general discharge.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110012239



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ABCMR Record of Proceedings (cont)                                         AR20110012239



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