IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016967 


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 under other than honorable characterization of service and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change separation program number (SPN) of "246" (Discharge for the good of the service) to a more favorable SPN.

2.  The applicant states he served in Korea, on the Demilitarized Zone (DMZ), for 13 months in 1970 and 1971.  He was a good Soldier and his service was not problematic, he was awarded the Injim Scout Badge.  He started to have "nerve problems."  He didn't know what was wrong and began drinking to help alleviate the symptoms.  He was granted 30 days of leave.  When he came home from Korea he went to the hospital at Fort Sam Houston, TX and asked for help with his "nerves" but did not receive any help.  He came back to his parent's home/farm and discovered his father was ill.  Since his mother was taking care of his three young sisters he took over his father's work on the farm.  

3.  The applicant provides two self-authored statements and a certificate awarding him the Imjin Scout Insignia.

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 12 March 1970 and held military occupational specialty 94B (Cook).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he went absent without leave (AWOL) from 1 December 1971 to 17 September 1972 (292 days).

4.  The complete facts and circumstances surrounding his discharge action are not available for review with this case.  However, his record contains a duly-constituted DD Form 214 that shows on 10 October 1972 he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Enlisted Separations), with the SPN code of 245, and received an under other than honorable conditions discharge.  This form shows he completed 1 year, 
9 months, and 12 days of creditable active military service with 292 days lost.

5.  There is no indication he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.

6.  Army Regulation 635-5-1 (Separation Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPN to be entered on the DD Form 214.  The regulation in effect at the time of the applicant’s discharge stipulated that SPN 246 was the appropriate code to assign Soldiers separated under the provisions of chapter 10 of Army Regulation 
635-200 by reason of (Discharge for the good of the service).

7.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) 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.

	a.  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.

	b.  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 issuance of a discharge under the provisions of Army Regulation 
635-200, chapter 10, required the applicant to have voluntarily, willingly, and in writing, request discharge from the Army for the good of the service.  It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  He provided no evidence that would indicate the contrary.  Further, it is presumed his discharge accurately reflects his overall record of service during his enlistment.  Absent evidence to the contrary, regularity must be presumed in this case.

2.  His record shows he was AWOL for 292 days; therefore, his service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant a general discharge.

3.  He was discharged, as indicated by his SPN of "246," under the provisions of chapter 10 of Army Regulation 635-200 by reason of (Discharge for the good of the service).  As such, the SPN code on his DD Form 214 was correctly listed.

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)                                         AR20130016967





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016967



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1