BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120009519 


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 under honorable conditions to an honorable discharge.

2.  The applicant states he was an alcoholic at the time of his military service.  He has stopped drinking since then.  He further states he was called into the ministry and wishes to apply for educational benefits.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 2 July 2012.

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 enlisted in the Regular Army on 5 January 1988.  He completed training and he was awarded military occupational specialty 11H (Heavy Anti-Armor/Weapons Infantryman).

3.  On 6 March 1989 pursuant to his pleas, the applicant was convicted by a summary court-martial of being absent without leave (AWOL) for the period 1 November 1988 through 30 November 1988.

4.  His military service record further reveals a disciplinary history that includes his acceptance of general counseling statements on the following dates:

* 15 February 1990, for being disrespectful toward a noncommissioned officer (NCO) and a commissioned officer
* 30 March 1990, for writing bad checks in the amount of $800.00 and not having sufficient funds in his checking account

5.  The applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on:

* 1 April 1990, for being drunk and disorderly and for failing to obey a lawful order by an NCO
* 6 May 1990, for failing to be at his appointed place of duty and using disrespectful language toward an NCO
* 16 May 1990, for being disorderly and for wrongfully using provoking language toward a fellow Soldier

6.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 21 May 1990, shows the applicant underwent a mental evaluation by a military medical physician who indicates the applicant's mental status was within normal limits.  The military medical physician further determined the applicant was psychologically cleared for administrative action deemed appropriate by the command.

7.  On 7 June 1990, the applicant's commander initiated elimination action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, for misconduct.  The reasons cited by the commander were the applicant's acts or patterns misconduct consisting of a serious offense(s).

8.  The applicant was advised by consulting counsel of the basis for the contemplated separation action and of the impact of the discharge action.  He signed a statement indicating he was advised he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b.  He requested counsel, waived his right to an administrative board, and elected not to submit a statement on his own behalf.

9.  On 13 June 1990, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of "misconduct – pattern of misconduct" with issuance of a General Discharge Certificate.  On 20 June 1990, he was discharged accordingly in the rank of private.  His DD Form 214 (Certificate of Release or discharge from Active Duty) shows he completed 2 years, 4 months, and 18 days of creditable active service with 28 days of lost time.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

11.  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.

12.  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 an upgrade of his discharge was carefully considered and it was determined there is insufficient evidence to support his request.

2.  The applicant contends that his discharge should be upgraded so that he may be entitled to educational benefits.  He offers his post-service conduct and achievements as evidence to show his bout with alcohol is over.  However, good post-service conduct and achievements alone are not normally sufficient to mitigate his indiscipline in the Army and is not a basis for upgrading his discharge.

3.  The applicant's military service records show he had a history of writing bad checks, he received three Article 15's, he was disrespectful toward NCO's and an officer, and he was AWOL.  Also, he could have referred himself for alcohol abuse rehabilitation.  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 issuance of a honorable discharge.

4.  His administrative separation was accomplished in accordance with applicable regulations with no indication of procedural errors that would jeopardize his rights.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

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)                                         AR20120009519



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ABCMR Record of Proceedings (cont)                                         AR20120009519



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