BOARD DATE:	 5 June 2012 

		DOCKET NUMBER:  AR20110024389 


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 general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).  

2.  The applicant states he feels he was the victim of downsizing after Operation Desert Storm and that his loyal and honorable service should be reflected with an HD.  

3.  Te applicant provides no documentary evidence in support of his request. 

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's record shows he enlisted in the Regular Army on 6 February 1990 and was trained in and awarded military occupational specialty 19K 
(M1 Abrams Armor Crewman).  He was advanced to the rank/grade of specialist (SPC) on 1 March 1991, and this is the highest rank/grade he attained while serving on active duty.

3.  The applicant's record shows he earned the Army Commendation Medal, Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, and Southwest Asia Service Medal with 3 bronze service stars.  

4.  The applicant's disciplinary history includes an extensive record of counseling for failure to pay just debts, multiple failure to repair offenses, indebtedness, and lack of willingness to discontinue the use of alcohol or participate in the Alcohol and Drug Abuse Prevention Control Program (ADPCP).  

5.  On 15 September 1992, the unit commander notified the applicant that he intended to initiate action to separate him under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance.  The unit commander cited the applicant's writing of bad checks, failures to repair, and indebtedness as the basis for taking the action.  

6.  On 13 August 1992, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation and its effects and of the rights available to him.

7.  On 16 September 1992, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13, by reason of unsatisfactory performance and directed the applicant receive a GD.

8.  On 24 September 1992, the applicant was discharged accordingly.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at the time shows he held the rank of SPC and had completed a total of 2 years, 7 months, and 19 days of creditable active military service. 

9.  There is no indication the applicant petitioned the Army Discharge Review Board (ADRB) 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to upgrade his discharge based on his overall record of service has been carefully considered.  However, there is insufficient evidence to support this claim. 

2.  The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  His disciplinary history includes writing bad checks, multiple failure to repair incidents, and indebtedness.  Further, he had a history of alcohol related problems and demonstrated unwillingness to address those problems through participation in the ADAPCP.  This disciplinary history clearly diminished the overall quality of his service below that meriting a fully HD.  As a result, his record did not support the issuance of an HD by the separation authority at the time and does not support an upgrade now.



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)                                         AR20110024389



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024389



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1