IN THE CASE OF:	  

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130009689 


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.  

2.  The applicant states, in effect:

	a.  when he returned he found that social services had taken his children so he went to his command and explained his problem.  He was granted leave and he received custody of his children.  He did not want his children at Fort Bragg, NC so he tried to make arrangements with social services for them to live in Columbia, SC.  His commanding officer told him he would not grant him anymore leave and he should request a hardship discharge and get out.  He did not want to get out.

	b.  he talked to his sergeant major who sent him to the Red Cross.  He started to get stressed out running around the post and getting nothing done so he decided to go and take care of his business concerning his children.  When he returned to military control he was sent to Fort Knox, Kentucky to be discharged instead of being returned to his unit.

	c.  his discharge is stopping him from getting jobs.    

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge 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.  Having prior active service in the Regular Army from May 1985 to October 1988, the applicant again enlisted on 11 January 1989 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 76Y (unit supply specialist).  He was promoted to sergeant effective 1 May 1990.  He served in Southwest Asia from 18 August 1990 to 2 April 1991.  

3.  Records show he went absent without leave (AWOL) on 8 July 1991 and was apprehended on 25 July 1991 by civilian authorities and returned to military control.  A few hours later, on 25 July 1991, he went AWOL again and surrendered to military control on 15 March 1992.

4.  His record is void of the specific facts and circumstances surrounding his discharge action.  However, his DD Form 214 shows he was discharged under other than honorable conditions on 4 May 1992 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), for the good of the service in lieu of trial by court-martial.  He completed a total of 6 years and 16 days of creditable active service with 252 days of lost time.

5.  There is no evidence that shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

6.  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 his discharge is stopping him from getting jobs.   However, discharges are not upgraded for the purpose of enhancing employment opportunities.

2.  In the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed the authority and reason for discharge was commensurate with his overall record of service.

3.  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)                                         AR20130009689



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ABCMR Record of Proceedings (cont)                                         AR20130009689



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