BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130008318 


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.

2.  The applicant states he entered military service in 1975 at age 17.  He exercised bad judgment and he was discharged that same year.  He regrets leaving military service and he's attempting to correct a lifetime's worth of wrongs.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation 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 enlisted in the Regular Army on 4 March 1975 for a period of 
3 years.  At the time he was 17 years of age.

3.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Company B, 
1st Battalion, 8th Infantry, Fort Carson, CO, on 13 July 1975.

4.  In December 1975, the applicant was convicted at a summary court-martial of being absent without leave (AWOL) during the period 13 August 1975 to
8 December 1975.

5.  A Standard Form 600 (Chronological Record of Medical Care), dated 
17 December 1975, shows the applicant informed a social worker that he went AWOL because he did not like being away from his family and feeling depressed.  The social worker reported that throughout the applicant's history there were indications of adjustment difficulties.  He also noted the applicant had an immature personality.

6.  On 17 December 1975, the applicant's commander notified him that he was initiating action to discharge him under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsuitability due to his defective attitude and inability to expend effort in a constructive manner.  The applicant was advised of his rights and the separation procedures involved.

7.  The applicant acknowledged he had been advised by consulting counsel of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.

	a.  He waived consideration of his case by a board of officers.

	b.  He waived personal appearance before an administrative separation board.

	c.  He indicated that he would not submit statements in his own behalf.

	d.  He acknowledged that military legal counsel for consultation was available to assist him; however, he waived representation by counsel.

	e.  He was advised he may expect to encounter substantial prejudice in civilian life in the event a general, under honorable conditions discharge was issued to him.


	f.  He acknowledged he understood that if he received an undesirable discharge under conditions other than honorable, he may be ineligible for many or all benefits as a veteran under both Federal and State law and that he may expect to encounter substantial prejudice in civilian life.

	g.  The applicant and consulting counsel placed their signatures on the document.

8.  The commander recommended approval of the applicant's separation action.

9.  The separation authority approved the commander's recommendation for discharge for unsuitability with the issuance of a General Discharge Certificate.

10.  The applicant's DD Form 214 shows he was discharged on 24 December 1975 under the provisions of Army Regulation 635-200, paragraph 13-5b(3), with service characterized as under honorable conditions.  He completed 3 months and 26 days of creditable active service with 117 days of time lost.

11.  There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the policy and prescribes the procedures for the administrative separation of enlisted personnel.

	a.  Chapter 13, in effect at that time, provided for separation due to inaptitude, personality disorder, apathy, and homosexuality (tendencies, desires, or interest but without overt homosexual acts).  The regulation required that separation action would be taken when, in the commander's judgment, the individual would not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier.  Service of Soldiers separated because of unsuitability under this regulation was characterized as honorable or under honorable conditions.

	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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge should be upgraded to fully honorable because he exercised bad judgment while in the Army and he wants to correct a lifetime's worth of wrongs.

2.  The applicant's discharge under the provisions of Army Regulation 635-200, chapter 13, for unsuitability based on defective attitude and inability to expend effort in a constructive manner was administratively correct and in compliance with applicable regulations in effect at the time with no indication of procedural errors which would have jeopardized his rights.  Considering all the facts of this case, the reason for his separation and characterization of discharge were appropriate and equitable.

3.  The applicant's military personnel records show he was convicted at a summary court-martial of being AWOL for 117 days and he was credited with completing less than 4 months of his 3-year active duty service obligation.  As such, the applicant's service during the period under review clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel and he is not entitled to an honorable discharge.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130008318



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ABCMR Record of Proceedings (cont)                                         AR20130008318



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