IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110024004 


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 his under other than honorable conditions discharge be upgraded to general under honorable conditions.

2.  He states he has not had much success in life because of the scar he gave himself with an under other than honorable conditions discharge, but he believes it will change with a discharge upgrade.  He explains that at the time he decided to go absent without leave (AWOL), he was married and his wife was pregnant.  He adds that his unit had just returned from two weeks on a Field Training Exercise (FTX) and was scheduled to go on another FTX.  He offers that his wife had a serious condition and needed him by her side.  He states on several occasions he requested permission from his section chief to take leave, but he was not granted the two or three days needed to resolve his family crisis.  He states that his wife lost the baby.  

3.  He provides the following:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs pamphlet titled "Self-Help Guide to Discharge Upgrading"
* Medical prescription 

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 enlisted in the U.S. Army Reserve on 26 July 1985 and on 
13 May 1986, he was discharged for immediate enlistment in the Regular Army (RA).  On 14 May 1986, he enlisted in the RA.

3.  On 11 July 1988, charges were preferred against him for being AWOL from 22 February 1988 to 11 July 1988.

4.  On 27 July 1988, he consulted with counsel and he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.

5.  In his voluntary request for discharge, he indicated he understood if his request were accepted he could receive an under other than honorable conditions discharge and that by submitting his request he was admitting he was guilty of the charges against him.  He further acknowledged he understood if he received an under other than honorable conditions discharge, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration, he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and he could encounter substantial prejudice in civilian life.

6.  On 10 August 1988, the appropriate authority approved his request for discharge and directed the issuance of an under other than honorable conditions discharge.

7.  On 19 September 1988, he was discharged accordingly.  His DD Form 214 shows he received an under other than honorable conditions character of service.  It also shows he completed 1 year, 11 months, and 21 days of net active service during this period with lost time from 22 February to 10 July 1988.  


8.  His record is void of documentation showing he applied for and/or was denied emergency leave.  His Fort Dix Control Facility (FDCF) Form 691 (Personnel Control Facility (PCF) Information Sheet), dated 13 July 1988, shows he indicated he was single and had no children at the time he was apprehended.  Additionally, FDCF Form 691A (PCF Interview Sheet), also dated 13 July 1988, shows he answered "I wanted to" to the question of "Why did you go AWOL?"

9.  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.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues, in effect, that his discharge should be upgraded because his AWOL was due to being denied leave for his seriously ill wife.  There is no evidence and he has not provided any to show that his wife was seriously ill and he requested and was denied emergency leave by his chain of command.  The evidence of record indicates he was single and had no children at the time of apprehension.  Additionally, he answered "he wanted to" as the basis for going AWOL.  Therefore, in the absence of documentation to support his claim, the presumption of regularity must be applied.




2.  The evidence of record confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. The record further shows he admitted he was guilty of being AWOL from
22 February to 10 July 1988.  The record also shows he voluntarily requested separation for the good of the service under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial.

3.  His record of service included over 130 days of lost time.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service as unsatisfactory.  Therefore, he is not entitled to an honorable or a general discharge.

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)                                         AR20110024004





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ABCMR Record of Proceedings (cont)                                         AR20110024004



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