BOARD DATE:	  13 June 2013 

		DOCKET NUMBER:  AR20120021469 


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 received an honorable discharge for his first enlistment.  His second enlistment ended with an under other than honorable conditions discharge.  He received an honorable and an under other than honorable conditions discharge; therefore, his second enlistment should be upgraded to honorable so he will not be deprived of his veterans benefits.
He feels he is being punished over and over for his drug addiction.  He is now making progress with overcoming his addiction and upgrading his discharge will give him some hope that he can become the person he wants to be.  It will help him regain faith in himself and support his efforts to become a productive citizen.

3.  The applicant provides:

* self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty).
* DA Form 2-1 (Personnel Qualification Record)

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 3 November 1977.  He completed training as an indirect fire infantryman and parachute training.  He was then stationed in Italy and later in Panama.

3.  On 15 October 1981, he was honorably discharged for the purpose of immediate reenlistment, which he accomplished on 16 October 1981.  He was promoted to sergeant (SGT)/E-5 on 2 October 1982.

4.  A DA Form 2627 (Record of Proceedings under Article 15, UCMJ) shows that on 20 July 1984, the applicant, then a private (PV1)/E-1, accepted nonjudicial punishment for being absent without leave (AWOL) from 12 to 24 June and two specifications of being absent from his appointed place of duty.  Item 11 (Attachments and/or Comments) of this document states, "Service member never submitted his appeal in this matter as of 3 August 1984.  Service member has been separated from Service UP Chapter 14, AR 635-200."  

5.  The discharge packet is not contained in the available records.

6.  The applicant's DD Form 214 shows that on 30 July 1984 he was discharged under other than honorable conditions under the authority of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct – commission of a serious offense.

7.  His DD Form 214 also shows in:

* item 12c (Net Active Service This Period) he completed 6 years,
8 months, and 28 days of net active service


* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Noncommissioned Officer Processional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars

8.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year eligibility period.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states:

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories included commission of a serious offense.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	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.

10.  Army Regulation 15-185 (ABCMR) provides the policy and procedures under which this Board operates.  Paragraph 2-9 (Burden of Proof) states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence."


DISCUSSION AND CONCLUSIONS:

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

2.  In the absence of evidence to the contrary, it is presumed the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge appears to be commensurate with the applicant's overall record of military service.

3.  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)                                         AR20120021469



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ABCMR Record of Proceedings (cont)                                         AR20120021469



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