IN THE CASE OF:	  

		BOARD DATE:	 10 May 2012 

		DOCKET NUMBER:  AR20110022678 


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 other than honorable conditions (UOTHC) be upgraded.

2.  The applicant states his life made a dramatic change when, on 24 December 1983, he was shot in the abdomen by another Soldier for no apparent reason.  He spent 2 or 3 months in the hospital and was returned to duty before making a full recovery.  He was assigned to an elite unit of the 504th Airborne Infantry.  He started to feel isolated and depressed.  He was a sergeant and was suppose to lead.  But, it soon became obvious that he could not keep up.  His situation became nightmarish.  He went from being in top condition to a 113 pound shell of the man he once was.  He felt useless.  It was like no one knew it but him.  His wife could not understand it as well.  He was young and started to fear death every day.  He just wanted to be someplace safe.  Home was the only place he knew to be safe.  He now knows that he made the biggest mistake of his life.  If he could go back and right his wrong he would do it in a heartbeat.  Being a career Soldier was the only thing he ever wanted to do.  There is not a day he does not miss being a Soldier.  He still wakes up wishing he was at Fort Bragg being the best he could be.  His not receiving the proper medical attention led to his actions for which he regrets.  It has taken until now for him to be able to talk about this and hopes his story is fully understood.  He asks for an upgrade of his discharge so he can receive proper medical attention.

3.  The applicant provides no additional documentation.


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 10 October 1979, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 31V (Tactical Communications Systems Operator/Mechanic).  He subsequently completed the Basic Airborne course and was assigned for duty at Fort Bragg, North Carolina.

3.  On 6 August 1981, the applicant was barred to reenlistment (BAR).  The record is void on the circumstances leading to this action.  On 12 November 1981, the BAR was removed due to his great improvement in attitude and motivation.

4.  On 29 July 1983, the applicant reenlisted in the Regular Army.

5.  On 1 August 1983, the applicant was promoted to sergeant, pay grade E-5.

6.  On 24 July 1984, the applicant was reduced to specialist four, pay grade E-4.

7.  On 27 July 1984, the applicant's commander initiated another BAR.  He cited the following incidents as justification for this action:

* 4 April 1984: failed to get haircut
* 6 April 1984: late reporting
* 23 April 1984: absent from morning formation
* 27 June 1984: late reporting
* 28 June 1984: late reporting
* 29 June 1984: absent from formation
* 6 July 1984: absent from formation
* 14 July 1984: missed extra duty
* 15 July 1984: missed extra duty
8.  On 30 July 1984, the applicant submitted a rebuttal statement to the BAR.  He essentially said that he had never quit at anything.  There was nothing more that he wanted than a career in the U. S. Army.  However, he was going through some bad times.  He said he needed to go on leave before having an emotional breakdown.  His career is going down the drain.  He had not seen his family in over 2 years.  His concentration was gone.  Every time he tried to work out one problem another one would hit him in the face.  He needed a break to piece his life back together.  He asked for a chance to work out his problems and to bounce back as a good Soldier.

9.  On 7 August 1984, the BAR was approved.

10.  DA Form 2-1 (Personnel Qualification Record - Part II) indicates in Item 21 (Time Lost) that he was absent without leave (AWOL) for 1 day on 29 August 1984, and for 427 days from 17 September 1984 to 17 November 1985.

11.  DA Form 4187 (Personnel Action) dated 25 November 1985 indicates that the applicant had been apprehended by civilian authorities on 18 November 1985 and returned to military authorities at Fort Knox, Kentucky.

12.  On 25 November 1985, the applicant made a statement indicating his admission to being absent without leave from 17 September 1984 to 
18 November 1985.  He further stated that counsel had explained to his complete understanding and satisfaction, all legal and social ramifications of his administrative discharge.

13.  The discharge packet is missing from the applicant's military records.  However, his DD Form 214 (Certificate of Release or discharge from Active Duty) shows that he was administratively discharged on 9 January 1986, under the provisions of Army Regulation 600-200, Chapter 10, for the good of the service.  His service was characterized as under other than honorable conditions.  He completed 5 years and 28 days of creditable active duty service, and had a total of 428 days of lost time due to AWOL.

14.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.

15.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 of that regulation provides, in pertinent part 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 trail by court-martial.  A UOTHC discharge is normally considered appropriate.

	b.  Paragraph 3-7a, 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-7b, provides that a general discharge 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 honorable discharge.  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 contends that his UOTHC discharge should be upgraded because his not receiving the proper medical attention led to his actions for which he regrets.  Furthermore, he now wants to receive medical benefits.

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

3.  The applicant's desire to obtain veterans medical benefits is not justification for upgrading his discharge.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20110022678





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ABCMR Record of Proceedings (cont)                                         AR20110022678



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