IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120002240 


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 upgrade of his under other than honorable conditions discharge to a general under honorable conditions discharge.

2.  The applicant states that he was only 19 years old when he entered military service.  He contends he began abusing alcohol and drugs which resulted in his problems.  He no longer uses alcohol and drugs and leads a fairly successful life.  

3.  The applicant provides no additional documentation in support of this case.

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 was born on 14 June 1961.  He had prior service in the U.S. Army Reserve and he enlisted in the Regular Army on 13 January 1981, for a 
3-year term of service.  The applicant successfully completed the required training and he was awarded military occupational specialty 94B (Food Service Specialist).

3.  On 4 June 1981, charges were preferred against the applicant for being absent without leave (AWOL) for the period 5 May 1981 through 16 May 1984.  Later, charges were preferred against the applicant for being AWOL for the period 9 June 1984 through 22 October 1984.

4.  On 9 November 1984, after consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of court-martial.  He acknowledged in his request that he understood he could be discharged under other than honorable conditions, that he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Veterans Administration (VA), and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.  The applicant elected not to make a statement in his own behalf.

5.  On 12 December 1984, the appropriate authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200,
chapter 10 and directed the applicant be reduced to the lowest enlisted grade and furnished an under other than honorable conditions discharge certificate.  On 11 January 1985, the applicant was discharged with an under other than honorable conditions discharge.  He completed 10 months and 14 days of total active service with 1,242 days of time lost due to AWOL.

6.  There is no evidence that the applicant sought assistance from his chain of command, chaplain, or other community support services personnel for help with his issues.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 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. An under other than honorable conditions discharge is normally considered appropriate.
8.  Army Regulation 635-200, 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’s request for upgrade of his discharge was carefully considered and it was determined there is insufficient evidence to support his request.  

2.  The applicant contends that he was immature at the time.  Records show that the applicant was 19 years of age at the time his active service began.  Many Soldiers enlist in the Army at age 19 and demonstrate the maturity to successfully complete their terms of enlistment.

3.  The applicant completed basic training and advanced individual training without any problem, demonstrating that he possessed the ability to successfully perform as a Soldier.  When he departed his unit in an AWOL status, he was 
1 month shy from turning 20 years of age.  All of these factors refute his contention that he was immature at the time.

4.  The applicant contends that alcohol and drugs impaired his ability to serve in the military.  There is no evidence that the applicant sought assistance from his chain of command, chaplain, or other community support services personnel for help with his issues before resorting to going AWOL.

5.  The applicant's post-service conduct is noteworthy.  However, good post-service conduct alone is not a basis for upgrading a discharge and is insufficient to mitigate his indiscipline while in the Army.

6.  The evidence of record shows he had two instances of being AWOL, one of which was lengthy.  Based on these facts, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel which are required for the issuance of a general under honorable conditions discharge.

7.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20120002240





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ABCMR Record of Proceedings (cont)                                         AR20120002240



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