IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130000640 


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, in effect, he previously had an honorable discharge and four Army Good Conduct Medals.  He had married just before he was assigned to Korea.  He made the wrong choice by going absent without leave (AWOL).  He had no disciplinary problems prior to this incident.  Since that time he has learned to make wiser and better decisions and as a minister he helps others make wiser decisions.

3.  The applicant provides:

* orders awarding him the Army Good Conduct Medal
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 21 November 1984
* certificates of commendation and appreciation from the Titusville Police Department, City of Titusville, FL
* licenses to show he is certified as a minister and bishop

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.  On 24 August 1977, he enlisted in the Regular Army for 4 years.  He immediately reenlisted on 7 May 1981 for 3 years.  On 10 June 1981, he was awarded his first award of the Army Good Conduct Medal for his period of service from 24 August 1977 to 23 August 1980.

3.  On 21 June 1982, he failed to comply with port call instructions for departure to Korea and departed AWOL.  He surrendered to military authorities on 
8 October 1984 at McDill Air Force Base, FL.  

4.  On 12 October 1984, court-martial charges were preferred against him for being AWOL from on or about 21 July 1982 until 8 October 1984.

5.  On 12 October 1984, he voluntarily requested discharge for the good of the service.  He acknowledged he understood the offense he was charged with and he was:

* making the request of his own free will
* guilty of the offense with which he was charged
* afforded the opportunity to speak with counsel prior to making this request
* advised he may be furnished an Under Other Than Honorable Conditions Discharge Certificate

6.  In addition, he acknowledged he may expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions and he understood he may be ineligible for many or all Veterans Administration (VA) benefits under Federal or State laws.

7.  On 6 November 1984, the appropriate authority approved his request for discharge for the good of the service.  He directed the applicant be reduced to private/pay grade E-1 and that he be furnished an Under Other Than Honorable Conditions Discharge Certificate.

8.  On 21 November 1984, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial.  He had completed 4 years, 11 months, and 11 days of net active service that was characterized as under other than honorable conditions.  He had 681 days of lost time and 180 days were lost subsequent to his normal expiration term of service date.

9.  There is no indication he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-year statute of limitations.

10.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This qualifying period is 3 years.  

11.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.

	a.  Chapter 10 stated a member who was charged with an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally issued to an individual who was discharged for the good of the service.

	b.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  He contends he had four Army Good Conduct Medals.  However, he had only been awarded one Army Good Conduct Medal.  He did not have sufficient service to be awarded any additional awards of the Army Good Conduct Medal.

2.  He contends he had a previous honorable discharge.  His honorable discharge was for his period of service from 24 August 1977 to 6 May 1981.  However, he went AWOL after he reenlisted and did not return for 861 days.  Therefore, his previous honorable discharge is not considered a mitigating factor in this case.

3.  He voluntarily requested discharge and admitted guilt to the offense for which he was charged.  He also acknowledged that he understood he could receive a discharge under other than honorable conditions and that he may be ineligible for many or all VA benefits State and Federal.

4.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.

5.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no evidence of procedural or other errors that would have jeopardized his rights.

6.  His post-service achievements were noted.  However, post-service achievements alone are insufficient to change a properly-issued discharge.

7.  The fact that he was AWOL for 861 days on a 3-year enlistment clearly shows the period of service to be unsatisfactory.

8.  In view of the above, there is an insufficient basis to upgrade his properly issued under other honorable conditions discharge to a general discharge under honorable conditions.

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)                                         AR20130000640



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ABCMR Record of Proceedings (cont)                                         AR20130000640



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