IN THE CASE OF:	   

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120020152 


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 discharge under other than honorable conditions be upgraded to a general discharge.

2.  The applicant states:

* he would like his discharge upgraded because his service was good most of his military career as short as it was
* he hit a few bumps at the end, but he still thinks he did a lot more good
* 24 years ago he was young and a lot more irresponsible
* he made some bad decisions
* he wants to get benefits (apparently he means Department of Veterans Affairs (VA) benefits)
* he abused alcohol and it got him into trouble
* he has not had a drink in 16 years
* a discharge upgrade will allow him to become a more productive citizen and grant him greater opportunities     

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  






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 was born on 5 October 1965.  He enlisted in the Regular Army on 3 October 1984 for a period of 4 years.  He completed his training and was awarded military occupational specialty 63B (light wheel vehicle mechanic).

3.  On 24 November 1987, nonjudicial punishment (NJP) was imposed against him for drunk driving. 

4.  On 18 April 1988, he was convicted by a summary court-martial of violating a lawful order. 

5.  On 22 April 1988, he received a letter of reprimand for misconduct which included his apprehensions for drunk driving on:

* 15 July 1987
* 5 November 1987
* 10 April 1988

6.  On 6 June 1988, charges were preferred against him for disobeying two lawful commands (to remain on post because his pass privileges had temporarily been revoked and driving on post with his post driving privileges revoked) and drunk driving.  Trial by special court-martial was recommended.

7.  On 28 June 1988, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He indicated in his request he understood he might be discharged under other than honorable conditions, he might be ineligible for many or all benefits administered by the VA, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected not to make a statement in his own behalf.

8.  On 1 July 1988, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge.

9.  On 19 July 1988, he was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He completed 3 years, 9 months, and 1 day of creditable active service with 16 days of lost time.

10.  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.

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

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that 24 years ago he was young and a lot more irresponsible.  However, age is not a sufficiently mitigating factor.  He was almost 19 years old when he enlisted and successfully completed training.  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.  

2.  He contends he wants to get VA benefits.  However, a discharge is not changed for the purpose of obtaining VA benefits.

3.  The evidence of record supports his contention he abused alcohol and it got him in trouble.  His numerous alcohol-related incidents were noted.  However, although no evidence shows he was afforded alcohol treatment prior to his discharge, he could have self-referred for treatment. 

4.  His record of service included one NJP, one summary court-martial conviction, and 16 days of lost time.  As a result, his record of service was not satisfactory.  Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge.

5.  His voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  He had an opportunity to submit a statement in which he could have voiced his concerns and he elected not to do so.

6.  The type of discharge directed and the reasons for separation were therefore appropriate considering all the facts of the case.

7.  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)                                         AR20120020152



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ABCMR Record of Proceedings (cont)                                         AR20120020152



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