IN THE CASE OF:	  

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019701 


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, an upgrade of his undesirable discharge (UD).  

2.  The applicant states, in effect, he was confined for something he did not do.  Prior to this his record was perfect.  He states he has turned in 15 terrorists and put his brother in the Army.  He states he did one thing wrong, he had a meal card while living off post.  He also claims he entered the military for military occupational specialty 63B (Wheel Vehicle Mechanic).  

3.  The applicant provides no documentary evidence in support of his application.  

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 26 June 1962, the applicant enlisted in the Regular Army with the option of assignment to the 4th Infantry Division and training at Fort Dix, New Jersey.  The applicant received no other options or guarantees with his enlistment.  He was assigned to Fort Dix for training.  Upon completion of training he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman) and after signing a waiver of his station of choice assignment option (4th Infantry Division), he was assigned to Fort Carson, Colorado.   

3.  The record documents no acts of valor or significant achievement and is void of a separation packet containing the facts and circumstances surrounding the applicant’s discharge processing.  It does show he was imprisoned for 44 days from 19 July through 2 September 1974.  

4.  The applicant's record contains a properly constituted DD Form 214 (Report of Separation from Active Duty) that shows he was discharged, on 3 September 1974, under the provisions of paragraph 13-5a(1), Army Regulation 635-200 (Personnel Separations), by reason of “frequent involvement in incidences of a discreditable nature with civil and military authorities," and that he was issued a UD.  It further shows he was discharged in the rank of private/E-1 and that he had completed 2 years and 24 months of creditable active military service.  He had also accrued 44 days of time lost.  

5.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15 year statute of limitations.  

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13, in effect at the time, provided for the separation of members for misconduct.  Members separated for misconduct normally received a UD.  Paragraph 3-7a provides that an HD 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.  Paragraph 3-7b provides that a general discharge (GD) is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an HD.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade his discharge has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing.  However, it does contain a properly constituted DD Form 214 that identifies the authority and reason for his discharge and absent evidence of error or injustice, this document carries with it a presumption of regularity in the discharge process.  

3.  The applicant’s record documents no acts of valor or significant achievement; however, it does show he accrued 44 days of time lost due to imprisonment.  The applicant’s record was not sufficiently meritorious to support the issuance of a general or an honorable discharge by the separation authority at the time of discharge or to support an upgrade at this late date.  As a result, there is an insufficient evidentiary basis to support 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 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)                                         AR20110019701



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ABCMR Record of Proceedings (cont)                                         AR20110019701



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