BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120004384 


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 (UOTHC) discharge be upgraded to an honorable discharge.

2.  He states he was young at the time.  He was sent to Fort Richardson, AK and placed in a duty position which was not his military occupational specialty (MOS) of 63B (Wheeled Vehicle Mechanic).  He had an opportunity to join the Special Forces and be part of the automotive craft shop as an instructor.  

3.  He was moved to new housing and told by the colonel in charge of the Special Forces that he would be there until his discharge.  After a period of time, he was loaned to the furniture warehouse to provide help in moving officers into their quarters.  This duty was only supposed to last 2 weeks; however, he received orders transferring him there permanently.

4.  He states he fought the transfer and requested to visit the Judge Advocate General's office.  Counsel told him he could resign under a chapter 10 and he probably would receive a general discharge, under honorable conditions.  Things did not work out in his favor.  

5.  The applicant adds that he is a good person with no criminal record.  He made a bad choice at the age of 18 years and has lived with it ever since.  He feels an upgrade of his discharge to honorable is warranted.  

6.  He did not provide any 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.  His record shows he enlisted in the Regular Army on 21 November 1969 at the age of 17 years.  He completed training and was awarded MOS 63B.  On 
24 August 1970, he was honorably discharged for the purpose of immediate reenlistment on 25 August 1970. 

3.  A review of his records shows no acts of valor or significant awards. 

4.  The facts and circumstances surrounding his separation action are not available for the Board’s review; however, his record contains a copy of Headquarters, U.S. Army Personnel Center, Special Orders Number 162, dated 11 June 1971 and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  These documents show the applicant was discharged on 11 June 1971, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service.  He had completed 1 year, 6 months, and 20 days of total active service. 

5.  There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

6.  Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  

   a.  Chapter 10 of that regulation provided, in part, that a member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could at any time after the charges had been preferred; submit a request for discharge for the good of the service in lieu of trial by court-martial.  At the time of the applicant’s separation, the regulation provided for the issuance of an undesirable discharge with service characterized as UOTHC.
	b.  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.

	c.  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.  He alleges in his application to the Board that his discharge was attributable in part to him being young.  The record shows that at the time he enlisted in the Army, he was 17 years of age.  There is no evidence that he was any less mature than other Soldiers of the same or of a younger age who served successfully and honorably completed their term of service.

2.  While the applicant's discharge packet is not available, it is presumed that his administrative separation was accomplished in compliance with applicable regulations. 

3.  His post-service conduct and the fact that he made a bad choice were also considered; however, the ABCMR does not normally upgrade discharges based on post-service conduct alone, nor solely for the purpose of setting aside past mistakes.

4.  In view of the foregoing, he is not entitled to the 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)                                         AR20120004384





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ABCMR Record of Proceedings (cont)                                         AR20120004384



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