IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20130012208
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, in effect, a change of the narrative reason for his separation.
2. The applicant states he accepts and takes full responsibility for his actions of 28 years ago. Considering he had an earlier honorable discharge he did not realize the term unsatisfactory performance would follow him for the rest of his life. Although he was trained for the military occupational specialty (MOS) 35E (Special Electronic Devices Repairman), he never served in that MOS. His son died 13 years ago of a heart attack at age 16. This has caused him to rethink much of his life. He recently found out about the potential for a change of his record. He was not a citizen at the time of his service but is now applying for citizenship. He believes it would assist him in that process to have his record changed.
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 3 June 1982. He reenlisted on 30 May 1985.
3. On 5 February 1986, the applicant's command initiated separation actions under Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) chapter 13 for unsatisfactory performance. The notification document notes no lost time, a total of six nonjudicial punishments, four formal counselings, and numerous verbal counselings. The unit recommended he receive a general discharge (GD).
4. The applicant, after consulting with counsel, acknowledged the separation recommendation and waived his right to submit a statement on his own behalf.
5. The separation authority approved the separation and directed the applicant receive a GD.
6. The applicant was discharged on 10 February 1986 with 3 years, 8 months, and 8 days of creditable service with no lost time.
7. There is no indication the applicant applied to the Army Discharge Review Board within its 15-year statutory limit for review.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It provides for separation due to unsatisfactory performance when in the commanders judgment the individual will not become a satisfactory Soldier; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
2. The mere passage of time is insufficient reason in and of itself to warrant a change of the applicant's narrative reason for separation, especially in light of recorded offenses that led to his discharge.
3. Therefore, there is insufficient evidence to warrant granting the 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) AR20130012208
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