BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009867 


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 reconsideration of an earlier request to upgrade his under other than honorable conditions discharge to a general discharge.

2.  The applicant states:

	a.  he was counseled with 30 other people at the same time.  He did not understand future repercussions.

	b.  he was told his discharge would be upgraded after 6 months.

	c.  he received a letter some years back stating his record had been compromised at the National Personnel Records Center (NPRC) in St. Louis, MO.

	d.  he feels his discharge is inequitable because it should have been considered failure to adjust.

	e.  although he did receive counseling/advice, it was not proper legal counsel/advice.  It was not one on one and they were all in a room together.  They were led to believe if they went to a court-martial they would surely go to prison and they had to take the discharge.  He found out this is not the case and he could have been court-martialed, served his time, and received a better discharge.  He was not made aware of this at the time.  He was told he would not receive a dishonorable discharge and his discharge would not affect his civilian life.
	f.  in his civilian life he has raised a family, graduated college, and completed the police academy and became a police officer serving two communities.

	g.  he was a scared young man overwhelmed with more than he could handle.

	h.  he is prepared to go to senators, congressmen, the media, and even the President.  He will not give up until the matter is settled and he receives the discharge he undoubtedly deserves.

3.  The applicant provides:

* A self-authored letter
* Undated letter from the NPRC 
* Letter of support from a Police Chief, Reeds Spring Police Department (this letter was previously considered by the Board)
* His prior Record of Proceedings in Docket Number AR20110017191, dated 13 March 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110017191, on 13 March 2012.

2.  The applicant's arguments are new evidence that will be considered by the Board.

3.  The applicant's military records are not available for review.  However, this case is being considered using the documents provided by the applicant and the summarized records in the previous consideration of his case on 13 March 2012.

4.  His DD Form 214 shows he was born on 16 November 1976 and he enlisted in the Regular Army on 1 June 1995 at the age of 18 years, 6 months, and 17 days.

5.  A DD Form 458 (Charge Sheet), dated 7 February 1996, shows charges were preferred against the applicant for being absent without leave (AWOL) from
27 August 1995 to 6 February 1996.


6.  His record is void of the specific facts and circumstances surrounding his discharge action.  However, his DD Form 214 shows he was discharged on 
6 June 1996, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  He completed 6 months and 23 days of creditable active service with 164 days of time lost.

7.  There is no evidence that shows the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 provides that a member who has 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 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.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	b.  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.

	c.  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 contends he was told his discharge would be upgraded after
6 months.  The U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge 


or both were improper or inequitable.  In his case, the previous Board determined the characterization and reason for discharge were both proper and equitable.

2.  He contends he was a scared young man.  However, age is not a sufficiently mitigating factor.  He was over 18 years old when he enlisted.  There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.

3.  He implies his discharge hinders his employment opportunities; however, discharges are not upgraded for the purpose of enhancing employment opportunities.

4.  He also contends he was not given proper legal counsel/advice.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Furthermore, in the absence of evidence showing otherwise, it must be presumed his discharge accurately reflects his overall record of service.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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 to amend the decision of the ABCMR set forth in Docket Number AR20110017191, dated 13 March 2012.



      _________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)                                         AR20120009867



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ABCMR Record of Proceedings (cont)                                         AR20120009867



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