BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002471
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 an upgrade of his general discharge.
2. The applicant states he feels his discharge does not accurately depict his military service.
3. The applicant provides a letter from the Army Discharge Review Board (ADRB), dated 6 January 2012, and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 May 1998.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 27 March 1972 and subsequently served through a series of reenlistments or extensions. He held military occupational specialty 92Y (Unit Supply Specialist). The highest rank/grade he attained was staff sergeant (SSG)/E-6.
2. His record is void of the specific facts and circumstances concerning the events which led to his discharge. However, the record does contain a duly-constituted DD Form 214, which contains the applicants signature. His DD Form 214 shows, on 22 May 1998, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
14-12c, by reason of misconduct, with a general discharge.
3. On 6 January 2012, the ADRB considered his request to upgrade his discharge and it was determined he was properly and equitably discharged. His request was denied.
4. Army Regulation 635-200, paragraph 1412c (Misconduct - Commission of a Serious Offense), states Soldiers are subject to separation per this section for the commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts Martial (MCM). Theses offenses include but are not limited to an absentee returned to military control from a status of absent without leave or desertion, drug offenders, and a medicallydiagnosed drug dependency.
5. Army Regulation 635-200, 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of the facts and circumstances that led to his discharge action. However, his record contains a duly-constituted DD Form 214 that shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct, with a general discharge.
2. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He provided no evidence that would indicate the contrary. Further, it is presumed his discharge accurately reflects his overall record of service during his enlistment.
3. There is no evidence available and he has provided none to show he was not properly and equably discharged in accordance with the regulations in effect at the time, or that all requirements of law and regulations were not met, or his rights were not fully protected throughout the separation process. Absent such evidence, regularity must be presumed in this case.
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.
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