IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120019388 


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 general discharge.

2.  The applicant states he served his country and is asking for an upgrade after all these years.  He was told that he would receive a medical discharge.

3.  The applicant provides no additional documentation in support of his request.

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 September 1971.  He completed training as a clerk typist and was stationed in Korea.

3.  Over the next several months, he was involved in several incidents of misconduct and displayed impulsive behavior and an attitude of indifference.  He was punished under Article 15, Uniform Code of Military Justice on three occasions and convicted by a summary court-martial. 

4.  The report of a 2 April 1973 psychiatric evaluation described a long history of impulsive behavior.  The examiner found the applicant was cooperative and oriented.  He displayed an unremarkable mood and appropriate affect.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.  The diagnosis was "Impulsive behavior."  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.  The report concluded that rehabilitative efforts would be unproductive and recommended separation as deemed appropriate by the command.

5.  When he was advised that he was being considered for separation the applicant consulted with counsel and waived consideration by and appearance before a board of officers.  He indicated that statements in his own behalf would not be submitted and waived representation by counsel.  No statements are available.

6.  The commander recommended separation for unsuitability.  The command's legal section found the action in conformance with regulation, and the separation authority directed a general discharge.

7.  On 14 April 1973, the applicant was separated with a general discharge under honorable conditions in accordance with the provisions of Army Regulation 635-200, paragraph 13-5b(3). 

 8.  In September 1978, the applicant applied to the Army Discharge Review Board (ADRB).  However, his records could not be located by the National Personnel Records Center and his request was closed without action.  His records ultimately became available to the ADRB.  In May 1981, the applicant was invited to submit a new application and additional materials if he still desired his discharge to be reviewed.  There is no evidence that he did so.



9.  Army Regulation 635-200 sets forth the policy and prescribes the procedures for administrative separation of enlisted personnel.

	a.  Chapter 13, as in effect at that time, applied to separation for unfitness and unsuitability.  At that time, paragraph 13-5b(3) provided for the separation of individuals whose record evidenced unsuitability by apathy (lack of appropriate interest), defective attitudes, and an inability to expend effort constructively..  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

	b.  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.  

	c.  Paragraph 3-7b states 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.  There is no available evidence to substantiate the applicant's assertion that he was told he would receive a medical discharge and none that he was eligible to receive one.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

4.  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 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)                                         AR20120019388





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ABCMR Record of Proceedings (cont)                                         AR20120019388



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