IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011734
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 undesirable discharge be upgraded to honorable.
2. The applicant states:
* he turned to alcohol due to post-traumatic stress disorder (PTSD) from his service in Vietnam
* he was often involved in fights
* he was experiencing tragic events in his family (death of grandmother, grandfather, and cousin within a month)
* he is now a mature adult
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) for the period ending 8 July 1976.
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 4 August 1966 for a period of 3 years. He served as a heavy vehicle driver in Vietnam from 11 January 1968 to 10 January 1969. On 1 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. He again enlisted in the Regular Army on 15 October 1973 for a period of 3 years. He completed his training and was awarded military occupational specialty 64C (motor transport operator).
4. On 6 June 1974, he was convicted by a summary court-martial of being absent without leave (AWOL) from 16 April 1974 to 14 May 1974 and failing to obey a lawful order.
5. On 8 November 1974, nonjudicial punishment (NJP) was imposed against him for being AWOL from 26 July 1974 to 8 September 1974.
6. On 10 March 1976, NJP was imposed against him for being AWOL for 2 hours.
7. On 21 May 1976, he was convicted by a summary court-martial of failing to repair (two specifications).
8. On 4 June 1976, NJP was imposed against him for being AWOL for 10 1/2 hours.
9. On 8 June 1976, NJP was imposed against him for assault.
10. His record is void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 shows he was discharged on 8 July 1976 for unfitness due to frequent incidents of a discreditable nature with civil or military authorities under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 13-5a(1)(5). He completed a total of 5 years, 6 months, and 1 day of creditable active service with 71 days of lost time.
11. There is no evidence which shows he was diagnosed with PTSD or alcohol abuse or dependence prior to his discharge on 8 July 1976.
12. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
13. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.
a. Chapter 13, paragraph 13-5a(1), in effect at the time, provided for discharge due to unfitness because of frequent incidents of a discreditable nature with civil or military authorities.
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 turned to alcohol due to PTSD from his service in Vietnam. However, there is no evidence which shows he was diagnosed with PTSD (or any other mental condition) or alcohol abuse or dependence prior to his discharge on 8 July 1976.
2. He contends he was having family problems at the time of his discharge. However, there is no evidence he sought assistance from his chain of command or chaplain in resolving his family problems within established Army procedures.
3. In the absence of evidence to the contrary, it must be presumed his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed the authority and reason for his separation were commensurate with his overall record of service.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20120011734
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120011734
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100030469
There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that boards 15-year statute of limitations. 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.
ARMY | BCMR | CY2012 | 20120000679
BOARD DATE: 12 June 2012 DOCKET NUMBER: AR20120000679 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence in the available records to show the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
ARMY | BCMR | CY2011 | 20110004221
The applicant requests his discharge under other than honorable conditions be changed to show he received a medical discharge. In his request for discharge, he acknowledged he understood if his discharge request were approved, he might be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. With respect to a medical discharge, there is no evidence in the applicant's records and he did not provide any evidence to show he was diagnosed with...
ARMY | BCMR | CY2005 | 20050016056C070206
On 14 October 1975, nonjudicial punishment was imposed against the applicant for disorderly conduct (two specifications). There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. Since the applicant’s record of service included nine nonjudicial punishments and 24 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct...
ARMY | BCMR | CY2010 | 20100029547
The applicant requests that his under other than honorable conditions (UOTHC) discharge be upgraded to honorable and that his pay grade of E-6 be restored. On 25 August 1977, the separation authority approved the applicants request for discharge and directed that he be issued an Under Other Than Honorable Conditions Discharge Certificate. Army Regulation 635-200 (Personnel Separations): a.
ARMY | BCMR | CY2011 | 20110008284
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. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. _______ _ 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.
ARMY | BCMR | CY2010 | 20100029058
On 20 November 1975, the applicant consulted with counsel and voluntarily requested 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. There is no available evidence to substantiate the applicant's claims of PTSD, bipolar disorder, or other mental illness that he contends led to his undesirable discharge. ___________X____________ CHAIRPERSON I certify that...
ARMY | BCMR | CY2008 | 20080017189
The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show his rank as specialist four (SP4). Although the applicant's record is not complete regarding his record of promotions and reductions and there appears to be an administrative error in the date of rank listed in Item 7 (date of rank) of his DD Form 214, which shows his PFC date of rank as 2 June 1976, it is clear that his last reduction to PFC was the result of his misconduct in...
ARMY | BCMR | CY2012 | 20120010589
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 2 June 1976, the separation authority approved the FSM's recommendation for separation and directed the issuance of an Undesirable Discharge Certificate. ___________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.
ARMY | BCMR | CY2012 | 20120001690
The applicant contends his undesirable discharge should be changed to a medical discharge because he was unable to perform his duties due to a back injury he incurred in Germany in 1975. The evidence of record shows he was found to be physically qualified for separation on 1 October 1976 with a physical profile of 113121. Therefore, there is insufficient evidence to show a medical discharge was warranted.