IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130009375
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 discharge under other than honorable conditions to honorable.
2. The applicant states:
* his father was sick at the time
* he was a young man not thinking that his discharge would hurt him
* he is older and knows better now
* he wants his discharge upgraded due to a family emergency/obligations
* while he was at home on leave his father became ill and he requested an extension of leave, which was denied
* he felt it was his obligation to be with his family during this hardship and he went absent without leave (AWOL) for 31 days
* if he had known the consequences of his actions he would have reconsidered his choices
3. The applicant provides documentation on discharge upgrading and discharge review.
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 was born on 29 June 1956. Having completed 2 years,
11 months, and 15 days of prior active service in the Regular Army (RA), he again enlisted in the RA on 19 August 1981 for a period of 3 years. He completed his training and was awarded military occupational specialty 76W (petroleum supply specialist).
3. In October 1981, nonjudicial punishment (NJP) was imposed against him for making a false official statement.
4. In April 1982, NJP was imposed against him for being AWOL from 15 March 1982 to 8 April 1982.
5. He went AWOL on 2 May 1982 and returned to military control on 15 June 1982. On 17 June 1982, charges were preferred against him for the AWOL period.
6. On 18 June 1982, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge. He indicated in his request he understood he might be discharged under conditions other than honorable and given an under other than honorable discharge, he might be ineligible for many or all benefits administered by the Veterans Administration, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws. He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions. He elected not to make a statement in his own behalf.
7. On 24 June 1982, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge.
8. On 15 July 1982, he was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge. He completed 8 months and 22 days of creditable active service during this enlistment with 68 days of lost time.
9. There is no evidence in the available records that shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was a young man at the time of his discharge. However, age is not a sufficiently mitigating factor. He completed almost 3 years of service before he enlisted in the RA in 1981 at age 25. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military term of service.
2. He contends he went AWOL due to family problems/obligations. However, family problems alone are normally not a basis for upgrading a discharge.
3. Since his record of service during his last enlistment included two NJPs and 68 days of lost time, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.
4. His voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations. He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so.
5. The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.
6. In view of the foregoing, there is no basis for granting the applicant an honorable or a general discharge.
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) AR20130009375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130009375
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010157
The applicant's DD Form 214 shows he entered active duty this period on 2 March 1979 and he was discharged on 10 February 1983 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial, with an under other than honorable conditions characterization of service. The applicant contends his discharge should be upgraded because he served honorably in the RA from 1972 to 1981 and he had a...
ARMY | BCMR | CY2002 | 2002076226C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He further states that he did not want to enlist at the time but had no choice under the circumstances. He also states that he was ill-prepared mentally to be in the Army and did not receive the medical assistance he needed at the time to deal with what he considered a miserable and depressing environment.
ARMY | BCMR | CY2013 | 20130012259
He states he served honorably in the Army for more than 3 years before he requested discharge due to compelling circumstances. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 20 June 1983 under the provisions of Army Regulation 635-200 (Enlisted Separations - Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge. The period of AWOL...
ARMY | BCMR | CY2014 | AR20140008765
f. A review of the applicant's request for discharge and his counsel's portion of the document fails to show any evidence he was informed that after a two-year period his discharge would be "automatically" upgraded to a general discharge. The applicant contends his discharge should be upgraded because: * he was 16 years of age when his parents consented to his entry into the USAR * the Army recruiter may have improperly waived certain restrictions to allow him to enter the RA * Army...
ARMY | BCMR | CY2013 | 20130022092
The applicant requests an upgrade of his discharge under other than honorable conditions. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.
ARMY | BCMR | CY2010 | 20100016360
The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge (GD). The applicant's records contain a record of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being AWOL from 2 September 1980 to 8 January 1981, for which he received a forfeiture of $250 pay for 2 months, and 14 days of extra duty. The applicant requests a discharge upgrade and states, in effect, he had to go AWOL to keep his son...
ARMY | BCMR | CY2010 | 20100026221
The applicant requests his discharge under other than honorable conditions be upgraded. There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. _______ _ 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 | CY2002 | 2002071034C070402
APPLICANT REQUESTS: That his discharge under other than honorable conditions be upgraded. He enlisted in the Regular Army on 13 February 1981 for a period of 3 years and assignment to Korea. A condition of submitting such a request is that the individual concerned must admit guilt to the charges against them or of a lesser included offense which authorizes the imposition of a bad conduct or dishonorable discharge and they must indicate that they have been briefed and understand the...
ARMY | BCMR | CY2005 | 20050001263C070206
The applicant provides: a. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. Ronald E. Blakely ______________________ CHAIRPERSON INDEX CASE ID AR20050001263 SUFFIX RECON DATE BOARDED 20050927 TYPE OF DISCHARGE UOTHC DATE OF DISCHARGE 19840502 DISCHARGE AUTHORITY AR 635-200 C10 DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1.
ARMY | BCMR | CY2005 | 20050001263C070206
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides: a. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.