IN THE CASE OF:	   

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130002191 


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 an upgrade of his general discharge (GD) under honorable conditions to an honorable discharge (HD).

2.  The applicant states his GD should have been changed to an HD 6 months after his date of his discharge from the Army.

3.  The applicant provides no additional documents.

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 record shows he enlisted in the Regular Army on 17 May 1965.  He was trained in and awarded military occupational specialty 64A (Light Vehicle Driver).
3.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  he served in the Republic of Vietnam from 1 May 1966 to 25 April 1967;
   
	b.  he was thrice promoted to private first class/E-3, on 17 May 1966, 
27 November 1966, and 24 January 1968, and this was the highest rank he attained while serving on active duty;
   
   c.  he was reduced on four separate occasions and his last reduction was to private/E-2 on 11 March 1968; and
   
   d.  he was not recommended for further service and determined ineligible for reenlistment (Item 42 (Remarks)).

4.  His DA Form 20B (Insert Sheet to DA Form 20 – Record of Court-Martial Conviction) shows he was twice convicted by a summary court-martial of being absent without leave (AWOL) on the following dates:

* 14 August 1967, for being AWOL from 10 - 23 July 1967
* 31 August 1967, for being AWOL from 13 – 24 August 1967

5.  His record also shows he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) five times on the following dates as indicated:

* 15 September 1966, for failing to go at the time prescribed to his appointed place of duty on 13 September 1966
* 17 October 1966, for departing his appointed place of duty without proper authority on 17 October 1966
* 2 January 1967, for wrongfully urinating on the ground near the billet tent on 1 January 1967
* 28 March 1967, for being AWOL from 27 – 28 March 1967
* 11 March 1968, for failing to go at the time prescribed to his appointed place of duty

6.  He was released from active duty by reason of expiration of term of service on 2 July 1968.

7.  The applicant's DD Form 214 shows he completed 3 years and 1 day of creditable active military service.  It also confirms he received a GD.

8.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Section III, in effect during the applicant's military service, provides the factors governing issuance of honorable, general, and undesirable discharge certificates.  

   a.  Paragraph 3-7a of the separations regulation 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.  

   b.  Paragraph 3-7b of the separations regulation 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 his GD should be upgraded to an HD because it has been more than 6 months since his discharge.  The U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  

2.  The evidence of record reveals the applicant's continuous pattern of misconduct as evidenced by his two summary court-martial convictions and acceptance of non-judicial punishment on five separate occasions during the period 15 September 1966 through 28 March 1968, thereby diminishing the overall quality of his military service below that meriting a fully HD.  Therefore, in light of the applicant's disciplinary record during his service on active duty, there is no basis upon which to upgrade his GD.

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)                                         AR20130002191





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ABCMR Record of Proceedings (cont)                                         AR20130002191



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