IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110014986 


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 be upgraded.

2.  The applicant states he had prior honorable service in the Coast Guard but was separated due to a diagnosis of Immature Personality Disorder.  He attributes much of his problems in the Army to the racial unrest of the period and the hazing he received due to his prior service.  These factors contributed his becoming depressed and very defensive.  

3.  The applicant provides no supporting 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.   The applicant completed his enlistment documentation on 9 June 1977.  There is no indication in these documents of any prior military service.

3.  The applicant enlisted in the Regular Army on 14 June 1977, completed training, and was awarded the military occupational specialty 71L (Administrative Specialist).  Upon completion of training he was assigned to duty in the military post office in Germany.

4.  The applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice as follows:

	a.  1 March 1978, for being absent without leave (AWOL) for three days, and failure to obey a lawful order from a noncommissioned officer.

	b. 7 June 1978, for violation of a general order by having unauthorized guests in the billets and disrespectful actions toward a noncommissioned officer

5.  On 21 April 1978, the applicant received a letter of reprimand for failing the weekly billet inspection.

6.  Between April and June 1978 the applicant was under investigation for the theft of a watch from the U.S. mail.  Court-martial charges were preferred on 28 June 1978.

7.  After consulting with counsel and being advised of his rights and options, the applicant submitted a formal request, under the provisions of Army Regulation 635-200, chapter 10, for discharge for the good of the service (in lieu of trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge).  He acknowledged that he was guilty of the charges or lesser included charges and that, if the request was accepted, he could receive a discharge under other than honorable conditions and be furnished an Under Other Than Honorable Conditions (UOTHC) Discharge Certificate.  He acknowledged that such a discharge would deprive him of many or all of his benefits as a veteran, and that he could expect to experience substantial prejudice in civilian life if he received a UOTHC discharge.

8.  On 4 August 1978, the discharge authority accepted the applicant's request for discharge and directed he be discharged under other than honorable conditions.

9.  The applicant was discharged on 11 August 1978 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, with a UOTHC discharge.  His DD Form 214 (Report of Separation from Active Duty) shows 1 year, 2 months, and 25 days of net service, no prior active service, 5 days of prior inactive service, and 3 days of lost time.  

10.  The available service medical records do not show any complaints of or treatment for either a personality disorder or depression.

11.  There is no indication the applicant applied to the Army Discharge Review Board within its 15-year statutory limit for review.

12.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the policies and procedures for enlisted personnel separations.  It provides the following:

	a.  an honorable discharge is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier's service has met the standards of acceptable conduct and performance of duty;

	b.  a general discharge is a separation under honorable conditions.  When authorized, it is issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge; and

	c.  paragraph 3-7c(7) specifically addresses issuance of a UOTHC for discharges issued under the provisions of chapter 10; and 

	d.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge UOTHC is normally considered appropriate.  

DISCUSSION AND CONCLUSIONS:

1.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the offense for which he requested discharge and is appropriate for the applicant's overall record of military service.

2.  There is insufficient evidence to warrant the relief requested.





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)                                         AR20110014986





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014986



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1