IN THE CASE OF:	  

		BOARD DATE:  10 January 2012

		DOCKET NUMBER:  AR20110014392 


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 discharge under honorable conditions be upgraded to a fully honorable discharge.

2.  The applicant states, in effect, that he desires an upgrade of his discharge.

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.  After serving in the Reserve Component from September 1975 to March 1977, he enlisted in the Regular Army on 5 July 1977 for a period of 4 years and training as an attack helicopter repairman.  He completed his training at Fort Eustis, Virginia, and was transferred to Fort Campbell, Kentucky.  He was advanced to pay grade E-4 on 11 August 1978.

3.  On 25 May 1979, he was transferred to Korea.  He served 1 year and was transferred back to Fort Campbell.  On 18 March 1981, he reenlisted for a period of 3 years and training as an air traffic control tower operator.  He was transferred to Fort Rucker, Alabama, to undergo training and was assigned to Fort Rucker after completing training.

4.  The applicant was arrested and confined by civil authorities from 16 March to 22 March 1983 on the charge of bigamy.

5.  On 25 March 1983, nonjudicial punishment was imposed against him for failure to go to his place of duty.

6.  On 9 May 1983, the applicant's commander notified him that he was initiating action to discharge him from the service for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 13.  He advised the applicant that the basis for his recommendation was his repeated unsatisfactory performance, repeated failure to manage his financial affairs, repeated failure to go to his place of duty, and failure to maintain the personal appearance standards expected of a Soldier.

7.  After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

8.  On 12 May 1983, he was arrested for attempting to elude law enforcement officials.

9.  On 20 May 1983, the appropriate authority approved the recommendation for discharge and directed issuance of a General Discharge Certificate.

10.  Accordingly, he was discharged under honorable conditions for unsatisfactory performance on 25 May 1983 under the provisions of Army Regulation 635-200, chapter 13.  He completed 5 years, 10 months, and 14 days of active service and had 6 days of lost time due to civil confinement.

11.  On 15 October 1986, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 21 July 1987, the ADRB determined his discharge was both proper and equitable and voted unanimously to deny his request for an upgrade of his discharge.

12.  Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel for unsatisfactory performance who were unsuitable for further military service.  An individual could be separated for unsatisfactory performance if it was determined that the member would not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  A discharge under honorable conditions is normally considered appropriate.

13.  Paragraph 3-7a of Army Regulation 635-200 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 administrative separation under the provisions of Army Regulation 635-200, chapter 13, was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant's rights.

2.  Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances.

3.  The applicant's contentions have been noted; however, they are not sufficiently mitigating to warrant relief when compared to his overall record of undistinguished service and his repeated offenses.  His service simply did not rise to the level of a fully honorable discharge.

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 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)                                         AR20110014392



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ABCMR Record of Proceedings (cont)                                         AR20110014392



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