BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130012271 


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 his under other than honorable conditions discharge for the period 2 January 1991 through 27 December 1991 be upgraded to honorable and the narrative reason for separation be changed to hardship.

2.  He states while serving with the Army at Schofield Barracks, HI, he experienced great hardship.  He was a young married E-2 with a child.  He was forced to live off-post and found it very difficult to make ends meet.  Due to a mistake made in his pay, he was forced to take numerous Army Emergency Relief loans.  The financial issues became too much and he sent his family to live with his in-laws which resulted in his depression and subsequent absence without leave (AWOL).  He turned himself in with the intentions of trying to continue his service, but he was not given a chance and was discharged.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 27 December 1991
* DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER))
* DA Forms 1059 (Service School Academic Evaluation Report)
* Memorandum, Subject:  Statement of Service, dated 19 September 2007
* Memorandum, Subject:  Authorization for Longevity Awards, dated
7 December 2007
* DA Form 638 (Recommendation for Award), dated 11 September 2005
* Orders 227-672, dated 15 August 2006
* Orders 052-690, dated 21 February 2006
* Army Achievement Medal, dated 4 October 2005
* Combat Operations Certificate, dated 1 November 2007
* Certificate of Appreciation
* Army Good Conduct Medal, dated 15 December 2007
* Orders 31-1093, dated 31 January 2013

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 2 January 1991.

3.  On 28 October 1991, charges were preferred against him for being AWOL from 5 September to 20 October 1991.

4.  On 29 October 1991, he consulted with counsel and voluntarily 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.

5.  In his voluntary request for discharge, he indicated he was making the request of his own free will and had not been subjected to coercion whatsoever by any person.  He understood if his request were accepted he could receive a discharge under other than honorable conditions and that by submitting his request, he was admitting he was guilty of the charges against him.  He further acknowledged he understood if he received a discharge under other than honorable conditions, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Department of Veterans Affairs, he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and he could encounter substantial prejudice in civilian life.  The applicant elected not to provide a statement on his behalf.
6.  On 9 December 1991, the appropriate authority approved his request and directed the issuance of a discharge under other than honorable conditions.

7.  On 27 December 1991, he was discharged accordingly.  His DD Form 214 shows he received an under other than honorable conditions character of service.  It also shows he completed 10 months and 10 days of net active service during this period with lost time from 5 September to 20 October 1991.  Item 28 (Narrative Reason for Separation) is listed as "for the good of the service - in lieu of court-martial."

8.  His record is void of any evidence that shows he applied for a hardship discharge.

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

10.  On 20 May 2004, he enlisted in the Army National Guard (ARNG).  He was honorably discharged from the ARNG on 29 January 2013.  

11.  He provided numerous certificates, awards, and NCOERs that attested to his outstanding performance of duty while a member of the ARNG.

12.  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 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 argues, in effect, that his discharge should be upgraded because his AWOL was based on financial issues which led to his geographical separation from his family and subsequent depression.  There is no evidence and the applicant did not provide any to show that he sought counseling and/or applied for a hardship discharge to resolve his problems, although it appears it would have been unlikely that these circumstances would have qualified him for a hardship discharge.  Therefore, his contention is not supported by the available evidence.

2.  The evidence of record confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He admitted he was guilty of being AWOL from 5 September to 20 October 1991. He voluntarily requested separation for the good of the service under the provisions of chapter 10, Army Regulation 635-200 to avoid a trial by court-martial.

3.  Additionally, the fact that he received numerous certificates, awards, and NCOERs attesting to his outstanding performance of duty while a member of the ARNG is commendable.  However, his subsequent achievements are not sufficient justification to upgrade his discharge.  

4.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service unsatisfactory.  Therefore, he is not entitled to a general or an honorable discharge.  He is also not entitled to correction of his DD Form 214 to show the narrative reason for separation as hardship.

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)                                         AR20130012271





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ABCMR Record of Proceedings (cont)                                         AR20130012271



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