BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120018247 


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, in effect, upgrade of his undesirable discharge.

2.  He states:

	a.  he was intoxicated, overwhelmed with homesickness and despair, and he went absent without leave (AWOL).  After several days at home, he realized the gravity of his actions and the repercussions he could receive so he returned to his duty station of his own accord.  He reported to his unit and took full responsibility for his actions.  

	b.  he has lived with the consequences of this misguided youthful lack of judgment for 55 years.  He has paid a very high price and he now asks for forgiveness.  

3.  He provides a National Archives (NA) Form 13038 (Certification of Military Service).

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 records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  His Certification of Military Service shows he enlisted in the Regular Army on 13 June 1956.  

4.  His discharge packet is not available for review.  However, his available service record includes Special Orders Number 150, dated 2 August 1957, published by Headquarters, Quartermaster Training Command, U.S. Army, Fort Lee, VA, which show he was discharged from active duty on 6 August 1957 under the provisions of Army Regulation 635-208 (Unfitness, Frequent Incidents of a Discreditable Nature with Civil or Military Authorities), paragraph 1c by reason of habits or traits of character manifested by misconduct with issuance of an Undesirable Discharge Certificate.  These orders indicate he would be issued a DD Form 214 (Report of Separation from Active Duty); however, his DD Form 214 is not available.  

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

6.  Army Regulation 635-208 set forth the basic authority for the separation of enlisted personnel who were found unfit or unsuitable for further military service. The regulation provided that members who displayed undesirable habits and traits were subject to separation for unfitness.  While the separation authority could grant a general, under honorable conditions discharge or honorable discharge, if warranted by the member's overall record of service, the issuance of an undesirable discharge was normally considered appropriate for members separated under these provisions.



7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel.  

   a.  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.

   b.  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 available evidence is void of the specific facts and circumstances surrounding the FSM's discharge processing.  However, it does include a Certification of Military Service that identifies the reason and characterization of the applicant's discharge.  Therefore, Government regularity in the discharge process is presumed.

2.  The applicant's discharge orders show he was discharged under the provisions of Army Regulation 635-208, paragraph 1c, by reason of habits or traits of character manifested by misconduct with issuance of an undesirable discharge.  Absent evidence to the contrary, it is concluded that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The applicant states he was intoxicated, overwhelmed with homesickness and despair, and he went AWOL.  However, he had many legitimate avenues through which to obtain assistance or relief without committing the misconduct (AWOL) which led to his discharge.  

4.  The available evidence does not indicate the actions taken in this case were in error or unjust.

5.  In view of the foregoing, there is no 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 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)                                         AR20120018247





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ABCMR Record of Proceedings (cont)                                         AR20120018247



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