BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120011232 


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 upgrade of his under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states he returned from being absent without leave (AWOL) and he served out his time.  He has been an honorable citizen since the incident and he would like to volunteer with the Department of Veterans Affairs (VA).

3.  The applicant provides a self-authored letter and three letters of support.

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 21 January 1983.  He completed the training requirements and was awarded military occupational specialty 71L (Administrative Specialist).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  On 25 July 1990, charges were preferred against the applicant for being absent without leave (AWOL) during the period 29 July 1985 through 25 July 1990.

4. On 9 August 1990, after consulting with counsel, the applicant voluntarily submitted a request for discharge 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.  The applicant indicated in his request that he understood he could be discharged under other than honorable conditions, that he may be deprived of many or all Army benefits, that he may be ineligible for many or all benefits administered by the VA, and that he may be deprived of his rights and benefits as a veteran under both Federal and State laws.  He also acknowledged that he understood that he may expect to encounter substantial prejudice in civilian life.  The applicant elected not to submit a statement in his own behalf.

5.  On 10 September 1990, the applicant's commander recommended approval with the issuance of an under other than honorable conditions discharge.

6.  On 13 September 1990, the separation authority approved the applicant's request for discharge under the provisions of Army Regulation 635-200,
chapter 10.  He directed the applicant be given an under other than honorable conditions discharge and be reduced to private (PV1)/E-1.

7.  On 25 September 1990, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, with an under other than honorable conditions discharge.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he completed 2 years,
8 months, and 10 days of creditable active service with 1,823 days of time lost due to being AWOL.

8.  In a self-authored letter he states:

	a.  He was going through several traumatic events at one time that led to his AWOL.

	b.  His marriage of two years was in trouble.  He had a new baby with other children.  He was financially strained and being separated from his wife, he was not there to help her cope with family issues.

	c.  His mother was going through health crises that need his attention.

	d.  He felt he was having a mental breakdown.  As a 21-year old he could not cope with the stressors of the Army and his personal life.  He tried several times to address his situation with his chain of command, but he was not getting the help he needed.  He also requested leave several times so he could go home and address the issues with his family; however, he was denied leave.

	e.  He concludes that he is now a Baptist Minister and he has been an honorable citizen since the incident.

9.  The applicant also provided a letter of support from his wife, daughter, and long-time friend.  They attest to his character, honesty, class, and integrity.  They state he is a law-abiding citizen and he has transformed himself into a responsible and compassionate man.

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

	a.  Chapter 10 of that regulation provides, in pertinent part, 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 was discharged under the provisions of Army Regulation
635-200, chapter 10, for the good of the service - in lieu of trial by court-martial.  Discharges under this chapter are due to a voluntary request for discharge in lieu of trial by court-martial.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant's discharge accurately reflects his overall record of service.

2.  There is no evidence of record and the applicant did not provide any evidence that indicates he raised his issues through his chain of command or any other support agency available to him.  There is no evidence he was having the problems addressed in his self-authored letter or that he was denied leave or command assistance for his family problems.

3.  Additionally, during his discharge processing he had the opportunity to submit a statement in his own behalf for consideration wherein he could have addressed the myriad of issues he was coping with; however, he elected not to do so.

4.  While it appears the applicant has become a productive member of his community, as attested by his support letters, based on his record of indiscipline that includes 1,823 days of AWOL his service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  As such, his conduct rendered his service unsatisfactory.

5.  The applicant was 21 years of age at the time of his offense.  However, there is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military service.

6.  In view of the foregoing, there is no basis for granting the applicant an honorable or a general discharge.

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)                                         AR20120011232



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011232



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1