IN THE CASE OF:	  

		BOARD DATE:	  26 February 2014

		DOCKET NUMBER:  AR20130010634 


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:

	a.  an upgrade of his discharge under other than honorable conditions; and 

	b.  correction of his social security number (SSN) and date of birth (DOB) on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states:

* his DOB is 14 April 1955 
* he was coerced into taking the discharge offered by his superiors who threatened to send him to prison and give him a dishonorable discharge if he didn't
* his offenses were being absent without leave and black marketing
* being young and uneducated he knew no better
* now his life is ruined
* he made a mistake when he joined the Army
* the recruiters were only interested in putting warm bodies in the service
* he was a functioning illiterate who could barely read or write back then 

3.  The applicant provides a copy of his DD Form 214.




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 records are not available for review.  His record is void of the specific facts and circumstances surrounding his discharge action.
However, this case is being considered using reconstructed records that primarily consists of the records provided by the applicant.

3.  His DD Form 214 shows:

* he enlisted in the Regular Army (RA) on 13 April 1973
* his military occupational specialty was 36K (field wireman)
* he served in Korea  
* in item 3 (SSN) the entry "3xx-1x-4xxx"
* in item 4 (DOB) the entry "54 04 14" (14 April 1954)
* he has 67 days of lost time
* on 28 November 1975, he was discharged under other than honorable conditions 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 2 years, 5 months, and 9 days of creditable active service

4.  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.

5.  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.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides insufficient evidence to show he was coerced and threatened by his superiors into taking a discharge.

2.  He contends he was young and uneducated.  However, age is not a sufficiently mitigating factor.  It appears he was 19 years of age when he enlisted in the RA.  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.  It appears he was sufficiently educated to complete his initial training.

3.  Although he contends his SSN and DOB are incorrect on his DD Form 214, there is no evidence of record and he provides no evidence to support this contention.  Therefore, there is insufficient evidence on which to base amending these items on his DD Form 214.  
4.  He requests an upgrade of his discharge under other than honorable conditions.  In the absence of evidence to the contrary it must be presumed his separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service.  

5.  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)                                         AR20130010634





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ABCMR Record of Proceedings (cont)                                         AR20130010634



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