IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110014267 


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 an upgrade of his discharge under honorable conditions (general discharge) be upgraded to an honorable discharge.

2.  The applicant states his Post Traumatic Stress Disorder (PTSD) was responsible for his poor conduct while on active duty.

3.  The applicant provides no additional evidence.

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.  On 12 September 1973, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in and awarded military occupational specialty 76V (Equipment Storage Specialist).  He was honorably discharged on 18 May 1970 for the purpose of immediate reenlistment.  He reenlisted on 
19 May 1970.  The highest rank/grade he attained while serving on active duty was specialist four/pay grade E-4.

3.  On 2 January 1971, the applicant accepted nonjudicial punishment (NJP) for the delay and the improper handling of fifteen pieces of United States Postal Service funds.

4.  On 25 May 1971, the applicant accepted NJP for sleeping while on guard duty.

5.  On 16 June 1972, the applicant accepted NJP for failing to go at the prescribed time to his appointed place of duty. 

6.  On 30 May 1973, the applicant was convicted by a summary court-martial of being absent without leave (AWOL) from 4 January to 2 May 1973.

7.  On 19 June 1973, the applicant accepted NJP for being AWOL from 4 to 
12 June 1973.

8.  The facts and circumstances related to the applicant's separation processing are not available.  However, a properly-constituted DD Form 214 shows the applicant was discharged on 24 September 1973, under the provisions of chapter 13, Army Regulation 635-200, by reason of unfitness with a discharge under other than honorable conditions.  The DD Form 214 also shows the applicant held the rank of private pay grade E-1 on the date of discharge and that he had completed a total of 3 years, 5 months, and 9 days of active military service with 154 days lost due to AWOLs and confinement.  The actual notice of discharge was not given because at the time of discharge the applicant was in AWOL status.    

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 in effect at the time established policy and provided procedures and guidance for eliminating enlisted personnel found to be unfit or unsuitable for further military service.  It provided for the separation of individuals for unfitness for frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted, an undesirable discharge was normally issued.

10.  On 9 September 1977, the Army Discharge Review Board (ADRB) changed the applicant’s discharge to a (general discharge) under honorable conditions.  

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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his discharge was carefully considered.  Although the specific facts and circumstances surrounding the applicant's discharge processing are not available, the evidence does include a properly-constituted DD Form 214 that identifies the authority and reason for the applicant's discharge.  

2.  By regulation, commanders will separate a member under chapter 13, Army Regulation 635-200, when in the commander's judgment the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  

3.  On 9 September 1977, the ADRB voted to grant relief in the form of an upgrade of the characterization of the applicant's service to general under honorable conditions.  Accordingly, the applicant's original DD Form 214 was voided and he was issued a new DD Form 214 to reflect the ADRB's decision.

4.  However, since there is no evidence of record to show that the applicant was suffering from PTSD and the applicant fails to provide such evidence there is no basis for granting the requested relief in the form of a further upgrade.

5.  In view of the foregoing, the applicant is not entitled to the 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)                                         AR20110014267



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ABCMR Record of Proceedings (cont)                                         AR20110014267



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