IN THE CASE OF:	

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130015333 


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 that his discharge, under honorable conditions be upgraded to honorable.

2.  The applicant states he was promised an honorable discharge but it was changed by some lying back stabbing lieutenant.  He has been denied schooling and other benefits and would like his discharge to be upgraded.

3.  The applicant provides no additional 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.  On 30 April 1987, the applicant enlisted in the Regular Army.  He was assigned to Fort Benning, Georgia where he completed his initial training and was assigned as an infantryman.

3.  On 13 June 1988, the applicant accepted nonjudicial punishment (NJP) for being absent from his unit for 6 hours without authorization.

4.  Between 1 March and 16 June 1988, the applicant received numerous counseling which included:

* Failure to pay just debts to Amity Bank
* Failure to make car payments for 3 months
* Failure to report to his place of duty
* Failure to report for morning physical training formation

5.  On 29 June 1988, the applicant underwent a mental status evaluation.  His behavior was not indicated on the report.  He was fully alert and oriented.  His mood was not indicated.  His thinking was rambling, his thought content contained suicide gesture and his memory was good.  The applicant was determined to be mentally responsible.

6.  On 14 July 1988, the applicant’s commander recommended that he be separated from the service under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance as indicated by his NJP and numerous counseling sessions.  The company commander recommended that he receive an honorable characterization of service; but also explained that the final determination rested with the brigade commander.

7.  On 14 July 1988, the applicant consulted with counsel, and elected not to make a statement in his own behalf.

8.  On 16 August 1988, the appropriate authority approved the recommendation for separation and directed that he be issued a General Discharge Certificate.  He further directed that the applicant not be transferred to the Individual Ready Reserve.

9.  Accordingly, he was discharged under honorable conditions on 24 August 1988.  He had completed a total of 1 year, 3 months, and 24 days of creditable active duty service.

10.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge, under honorable conditions should be upgraded to honorable because he was promised an honorable discharge.  He further argues that his discharge has prevented him from receiving schooling and other benefits.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  The evidence of record shows that the applicant received NJP and was numerously counseled concerning his performance and misconduct.

5.  There is no documentary evidence showing the applicant was promised an honorable characterization of service.

6.  The applicant's desire to obtain schooling and other veteran benefits is not justification to upgrade his discharge.

7.  There is no evidence of error or injustice in this case.

8.  In view of the above, the applicant's request should be denied.

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)                                         AR20130015333





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ABCMR Record of Proceedings (cont)                                         AR20130015333



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