Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004667
Original file (20130004667.txt) Auto-classification: Denied

		
		BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130004667 


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 correction of his records to show he had 80 not 880 days of lost time.

2.  The applicant states his records were corrected by a review board held in Phoenix, Arizona in 1992. 

3.  The applicant provides no supporting documentation.

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 5 August 1968, completed basic combat, advanced individual, and basic airborne training with award of the military occupational specialty 11B (Light Weapons Infantryman).  He reenlisted on 31 August 1969.

3.  A review of the applicant's file shows he was authorized or awarded the Bronze Star Medal, Air Medal (revoked on 28 November 1968), two Purple Hearts, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rife Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rife Bar.

4.  The applicant was absent without leave (AWOL) on two occasions, on 15 July 1969 and from 4 November 1969 through 16 January 1972, a total of 804 days.

5.  On 9 March 1972, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10 with an undesirable discharge (UD).  

6.  On 19 May 1977, the applicant's case was reviewed under the Department of Defense Discharge Review Program (Special) (SDRP).  He was found to meet the criteria for an upgrade to a general discharge (GD). 

7.  The Army Discharge Review Board appears to have reviewed the applicant's case under the uniform standards provisions of Public Law 95-126.  The actual review documents are not included in the available record.  A DD Form 215 (Correction to DD Form 214), issued on 24 July 1979, deleted the specific reference to his earlier SDRP upgrade and added that the discharge was reviewed under Public Law 95-126 with a change in the characterization of service being warranted.  

8.  The available records contain no evidence of any administrative reviews or actions following the 1979 ADRB action.

9.  Public Law 95-126, enacted on 8 October 1977, denied entitlement to veterans' benefits to former service members who had 180 or more days of AWOL and who had received an administrative upgrade under the SDRP unless their SDRP upgrade was reviewed and affirmed under uniform, historically consistent, generally applicable standards and procedures by the appropriate discharge review board.  


10.  Army Regulation 15-185 (Army Board for Correction of Military Records [ABCMR]), states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

The applicant is clearly shown to have been AWOL for 804 days.  He has not provided and the record does not contain any evidence that his total period of lost time was ever shown as 880 days or that it was reduced to 80 days.  

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)                                         AR20130004667





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004667



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130015917

    Original file (20130015917.txt) Auto-classification: Denied

    BOARD DATE: 4 June 2014 DOCKET NUMBER: AR20130015917 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, an upgrade of his general discharge to an honorable discharge. However, his records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows he was discharged under other than honorable conditions on 5 April 1972 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel),...

  • ARMY | BCMR | CY2014 | 20140000358

    Original file (20140000358.txt) Auto-classification: Denied

    The applicant requests, in effect, affirmation of his general discharge under the provisions of the Special Discharge Review Program (SDRP). In February 1979, the ADRB, having re-reviewed the applicant's case as required by Public Law 95-126, determined not to affirm the recharacterization of his discharge. _______ _ 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.

  • ARMY | BCMR | CY2012 | 20120003552

    Original file (20120003552.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests affirmation of the upgrade of his undesirable discharge to a general discharge under the Special Discharge Review Program (SDRP). On 18 May 1977, the Army Discharge Review Board (ADRB) voted to upgrade the applicant's undesirable discharge to a general discharge under the provisions of the SDRP.

  • ARMY | BCMR | CY2009 | 20090004557

    Original file (20090004557.txt) Auto-classification: Denied

    The DD Form 214 he was issued at the time shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than honorable conditions. His records indicate these periods of unauthorized absence consisted of absence without leave, confined civil authorities, and/or confined military authorities. The Board has been advised in similar cases that the VA often requires validation of affirmation of SDRP upgrades by the military service...

  • ARMY | BCMR | CY2008 | 20080004963

    Original file (20080004963.txt) Auto-classification: Denied

    The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN for 4 months between June and September 1969. On 24 February 1977, the Army Discharge Review Board (ADRB) voted to upgrade the applicant's discharge to a general, under honorable conditions discharge (GD), under the provisions of the Special Discharge Review Program (SDRP) and Presidential Proclamation 4313. Notwithstanding the initial upgrade of his discharge under the SDRP based on his service in the...

  • ARMY | BCMR | CY2008 | 20080017114

    Original file (20080017114.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Even if the applicant is now suffering from a PTSD, which is not confirmed by the evidence he provides, his military record is void of any indication that he suffered from a physically or mentally disqualifying condition while serving on active duty that would have supported his separation processing through medical channels at the time of his discharge. As a result, the applicant received the full...

  • ARMY | BCMR | CY2009 | 20090016083

    Original file (20090016083.txt) Auto-classification: Denied

    On 12 July 1977, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge to general under honorable conditions under the provisions of the 19 January 1977 extension of Presidential Proclamation (PP) 4313. Individuals could have their discharges upgraded if they met any one of the following criteria: wounded in action, received a military decoration other than a service medal, successfully completed an assignment in Southeast Asia, completed alternate service, received an...

  • ARMY | BCMR | CY2006 | 20060011064

    Original file (20060011064.txt) Auto-classification: Denied

    The applicant states, in effect, that his discharge should be upgraded to honorable for the following reasons: (1) clemency is warranted because it is an injustice for him to continue to suffer the adverse consequences of a bad discharge; (2) he had combat service; (3) he was wounded in action; (4) he has been a good citizen since his discharge; (5) his record of court-martial convictions indicate only isolated or minor offenses; (6) his record of being absent without leave (AWOL) indicates...

  • ARMY | BCMR | CY2009 | 20090020771

    Original file (20090020771.txt) Auto-classification: Denied

    The applicant requests that his general discharge be affirmed. After consulting with counsel, the applicant submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service. Evidence shows that the applicant was properly and equitably discharged in accordance with the regulations in effect at the time and that the ADRB later upgraded the applicant's discharge from an undesirable discharge...

  • ARMY | BCMR | CY2008 | 20080010428

    Original file (20080010428.txt) Auto-classification: Denied

    The applicant's records do not show any significant acts of valor during his military service. On 17 July 1972, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in...