IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110016848
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 general under honorable conditions discharge (GD) to an honorable discharge (HD).
2. The applicant states he was separated from the Army under the voluntary early transition program for the convenience of the government in fiscal year 1992 and should have received an HD.
3. The applicant provides:
* Discharge order
* Retirement order
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows he enlisted in the Regular Army on 16 June 1975. On 28 September 1992, he was discharged under the provisions Army Regulation 635-200, paragraph 16-8, by reason of "Convenience of the Government: FY92 Enlisted Voluntary Early Transition Program.
3. The DD Form 214 issued him on 28 September 1992, shows he completed 17 years, 3 months and 13 days of creditable active duty service, and that he received a GD. It also shows the Army Good Conduct Medal (AGCM) (5th Award) is included among the list of awards he earned during his tenure on active duty.
4. His record contains no documents to show he committed any disciplinary infractions or displayed any negative behavior throughout his military service.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 16-8 provided the authority to separate Soldiers due to reduction in force, strength limitations, or budgetary constraints. The service of Soldiers separated under the authority of this paragraph will be characterized as honorable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his GD should be upgraded to an HD.
2. The evidence of record confirms the applicant committed no disciplinary infractions throughout his military service and his award of the AGCM (5th Award) confirms his honorable service for the qualifying period he served from his entry on active duty through his date of discharge. Finally, he was discharged under the provisions of Army Regulation 635-200, paragraph 16-8 and the service of Soldiers separated under this provision of the regulation will be characterized as honorable. As a result, the applicant's record and DD Form 214 should be corrected at this time to show he received an honorable discharge on 28 September 1992.
BOARD VOTE:
___X____ ___X ___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a new DD Form 214 showing honorable in item 24 and Honorable Discharge Certificate, dated 28 September 1992, in lieu of the DD Form 214 and General Discharge Certificate that is held by the applicant.
_______ _ 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) AR20110016848
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ABCMR Record of Proceedings (cont) AR20110016848
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