IN THE CASE OF:	  

		BOARD DATE:	 16 October 2012 

		DOCKET NUMBER:  AR20120007456 


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 discharge under other than honorable conditions (UOTHC).

2.  The applicant states:

	a.  His service had been honorable, but was affected by conditions beyond his control (i.e., trauma from a broken home, his father leaving when he was young child, and growing up without a male role model in the household).  He suffered from alcoholism that he was not aware of.  He was also suffering from post-traumatic stress disorder which was caused by being raised in a home with an abundance of dysfunction.

	b.  Because he was unaware of these issues, at a very young age he was unable to commit to anything.  When he joined the military these character defects played a big part in his being absent without leave (AWOL).  He began counseling in 1989 and continued until 2002.  Through therapy and a 12-step program, he began to realize his actions were inappropriate and his behavior was irresponsible for most of his young adult life.

	c.  He realized his mistake(s) and he is hoping the Department of Veterans Affairs (VA) will take this information into consideration regarding upgrading his discharge.


3.  He provides:

* Military Police One-Station Unit Training Phase I completion certificate
* Voice Radio Operator Course diploma
* certificate of appreciation and letter of appreciation
* separation in absentia memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* discharge orders and UOTHC Discharge Certificate
* letter of disbarment
* DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States)
* letter to the VA

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 military record shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 15 June 1977.  He was discharged from the DEP and enlisted in the Regular Army in pay grade E-2 on 12 July 1977 for 3 years.  He did not complete advanced individual training for award of a military occupational specialty (MOS).

3.  He accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, on:

* 19 December 1978, for failing to go to his appointed place of duty on 12 December 1978
* 22 June 1979, for being AWOL from 16 May to 15 June 1979

4.  On 10 July 1979, a DD Form 458 (Charge Sheet) was completed by the Commander, Company A, U.S. Army Personnel Control Facility, U.S. Army 

Training Center and Fort Dix, Fort Dix, NJ.  He was charged with one specification of being AWOL from 3 July 1979 and remaining so absent until on or about a future unknown date.

5.  On 7 November 1979, Headquarters, U.S. Army Training Center and Fort Dix, issued a separation in absentia memorandum.  The memorandum notified the applicant of his separation from the U.S. Army in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).  He was also provided separation documents.

6.  He was also issued a DD Form 214 discharging him from active duty in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10, for conduct triable by court-martial.  His service was characterized as UOTHC.  His DD Form 214 shows he completed 1 month and 28 days of net active service with lost time from 13 July 1979 to 10 September 1979.  (It also shows he entered active duty on 12 July 1979 and separated on temporary records.)

7.  There is no indication to show he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 states a member who 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 at any time after court-martial charges are preferred.  A discharge UOTHC is normally considered appropriate.

9.  Army Regulation 635-200, paragraph 3-7a, states 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.

10.  Army Regulation 635-200, paragraph 3-7b, states 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 evidence of record shows the applicant enlisted in the Regular Army on 12 July 1977.  He did not complete training for award of an MOS.  He accepted nonjudicial punishment under Article 15 for being AWOL.  On 10 July 1979, he was charged with being AWOL from 3 July 1979 and remaining so absent.  On 7 November 1979, he was issued a separation in absentia memorandum which advised him of his separation under the provisions of Army Regulation 635-200.  He was also issued a DD Form 214 discharging him from the military.  He was credited with completing 1 month and 28 days of net active service and his service was characterized as UOTHC.

2.  There is no evidence of record and he has submitted neither probative evidence nor a convincing argument to show he had any personal or medical conditions which prevented his satisfactory completion of his term of service.

3.  He provides neither sufficient evidence nor a convincing argument to show his discharge was unjust.  He has not submitted any evidence to show his discharge should be upgraded or evidence sufficient to mitigate the character of his discharge.  His military records contain no evidence which would entitle him to an upgrade of his discharge.  His misconduct diminished the quality of his service below that meriting an honorable or a general discharge.

4.  His administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  He was properly discharged with due process in accordance with pertinent regulations.

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 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)                                         AR20120007456



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ABCMR Record of Proceedings (cont)                                         AR20120007456



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