IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110015706 


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, reconsideration of his previous request to upgrade his under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states, in effect, that he never signed the Certified Mail Receipt, dated 20 January 1982, and to date he has never received this mail.  He was not separated from the Army National Guard (ARNG) on 15 November 1981 as it has been asserted within Government documents.  Because he has not been officially cleared, separated, discharged from the ARNG he was ineligible for the Delayed Entry Program.  Additional, he was considered absent without leave (AWOL), but detained at said Personnel Control Facility.  He could not have signed the certificate mail on 20 January 1982 as he had already been transported to the Army Personnel Control Facility.  He is seeking the same relief in this request for reconsideration.

3.  He provides:

* Return Receipt, Registered, Insured, and Certified Mail Receipt, dated 20 January 1982
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 8 April 1982
* letter from the Director, Office of Policy and Legislative Affairs, Office of The Adjutant General (TAG)/Policy and Legislative Affairs, Commonwealth of Pennsylvania (PA), dated 25 August 2011
* envelope addressed to him from PA TAG, received on 6 September 2011
* VA (Department of Veterans Affairs) Form 22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 25 December 2011

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018476, on 13 January 2011.

2.  The applicant provided copies of a Return Receipt, Registered, Insured, and Certified Mail Receipt, dated 20 January 1982; a letter from the Director, Office of Policy and Legislative Affairs, Office of TAG/Policy and Legislative Affairs, Commonwealth of PA; an envelope addressed to him from PA TAG; and a VA Form 22.  These documents are new evidence that will be considered by the Board. 

3.  His military records show as a member of the PAARNG he entered on active duty for training (ADT) on 5 July 1981.  He completed training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was released from ADT on 9 October 1981, and transferred to a PAARNG unit, and his service was characterized as honorable.

4.  His PAANRG records were not provided to the Board; however, in a letter dated 25 August 2011, the Director, Office of Policy and Legislative Affairs stated the applicant was separated from the PAARNG on 15 November 1981.

5.  He enlisted in the Regular Army in pay grade E-1 on 27 November 1981.  He did not complete advanced individual training; therefore, he was not awarded an MOS.  

6.  He was reported absent without leave (AWOL) on 6 January 1982.

7.  He provided a copy of a Certified Mail Receipt, dated 20 January 1982, which shows a restricted delivery was delivered at the address of 105 N. Wxxxxx Street, Pottstown, PA 19464, on 20 January 1982.  He did not sign this receipt.

8.  He was dropped from the rolls of the organization on 5 February 1982.

9.  On 9 March 1982, during a Personnel Control Facility Interview, he stated that the main reason he went AWOL was because he had no desire to be in the Army because that type of life was not for him and kept him from his personal obligations at home and family.  

10.  On 10 March 1982, a DD Form 458 (Charge Sheet) was prepared by the Commander, Company A, U.S. Army Personnel Control Facility, Fort Dix, New Jersey.  He was charged with one specification of being AWOL from 6 January 1982 to 8 March 1982.

11.  On 11 March 1982, after consulting with counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 10.  In doing so, he acknowledged that he had not been coerced with respect to his request for discharge.  He also acknowledged that he could be discharged under conditions other than honorable and furnished an undesirable discharge.  As a result of the issuance of such a discharge, he could be deprived of many or all Army benefits and that he could be ineligible for many or all benefits administered by the VA.  He waived his rights and elected not to submit a statement in his own behalf.

12.  On 12 March 1982, the U.S. Army Personnel Control Facility, Company Commander, recommended approval of the applicant’s request with an under other than honorable conditions discharge.  The commander stated the applicant had no motivation for continued service and would not respond to either counseling or rehabilitation.  The applicant was pending trial for an offense punishable by a Bad Conduct or Dishonorable Discharge.

13.  On 19 March 1982, the separation authority approved the applicant’s request and directed that he be reduced to the lowest enlisted grade and the issuance of an under other than honorable conditions discharge.

14.  Accordingly, he was discharged on 8 April 1982, under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of court-martial, in pay grade E-1, with an under other than honorable conditions discharge.  He was credited with completing 2 months and 10 days of active service and time lost from 6 January 1982 to 7 March 1982.

15.  The DD Form 214 he was issued shows he was not available for signature and his mailing address was shown as 105 N. Wxxxxx Street, Pottstown, PA 19464.

16.  On 1 August 1984, the Army Discharge Review Board denied his request for an upgrade of his discharge.

17.  He also provided a copy of a letter from Office of Director, Office of Policy and Legislative Affairs, Commonwealth of PA, dated 25 August 2011.  The letter advised him that the NGB Form 22 (Report of Separation and Record of Service) and NGB Form 55 (Discharge Certificate) were signed on 20 January 1982 and sent to the address recorded in his file when he was discharged.  He was provided a copy of the certificate mail receipt showing the Pottstown, PA address.   

18.  He further provided a copy of an envelope addressed to him from The Adjutant General of PA.  

19.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 10 stated a member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, an under other than honorable conditions discharge was normally considered appropriate.

20.  Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

21.  Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted in the RA on 2 November 1981.  He was reported AWOL in January 1982 and dropped from the rolls on 5 February 1982.  Upon his return to military control he was charged with one specification of AWOL.  He stated that he went AWOL because he had no desire to be in the Army.  

2.  After consulting with counsel, he voluntarily requested a discharge and in doing so he admitted guilt to the stipulated offenses.  He waived his opportunity to appear before a court-martial to prove his innocence if he felt he was being wrongfully charged or that he was being treated unfairly.  He also acknowledged he understood he could be discharged under other than honorable conditions.
3.  The documentation he submitted was carefully considered; however, he has not shown he was unjustly charged with the period of AWOL.  He has provided insufficient evidence to show his discharge was unjust.  He also has not provided evidence sufficient to mitigate the characterization of his discharge.  It appears his administrative separation was accomplished in compliance with applicable regulations in effect at the time with no procedural errors which would have jeopardized his rights.  In the absence of evidence to the contrary, Government regularity in the discharge process is presumed.

4.  He also has not shown where his receipt or non-receipt of his PAARNG separation documents prevented him from satisfactorily completing his period of service in the RA.  

5.  In view of the foregoing, there is no basis for granting 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 to amend the decision of the ABCMR set forth in Docket Number AR20100018476, dated 13 January 2011.



      _______ _   __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)                                         AR20110015706





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ABCMR Record of Proceedings (cont)                                         AR20110015706



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