BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019394 


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 general discharge to be upgraded to honorable.

2.  The applicant states:

* he would like to be considered for an honorable discharge for his time served in the Army
* his family consists of his wife and three daughters
* he worked as a painter for 18 years and for Chrysler for 1 and 1/2 years 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 26 December 1991 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 11B (infantryman).

3.  On 30 June 1993, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being disorderly on or about 31 May 1993.

4.  On 6 December 1993, he accepted NJP under Article 15 of the UCMJ for assaulting a first lieutenant, disobeying a lawful command, and drunk driving.

5.  He was counseled for:

* being disrespectful and vulgar to a noncommissioned officer
* missing (alert call) telephone alert

6.  On 25 January 1994, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, for misconduct for serious acts of misconduct.  The unit commander stated the applicant's conduct was prejudicial to good order and discipline.  

7.  On 25 January 1994, he consulted with counsel, requested consideration of his case by an administrative board and a personal appearance before an administrative board (not applicable), and he acknowledged that he might encounter substantial prejudice in civilian life if he were issued a general discharge.  He elected not to submit a statement in his own behalf. 

8.  On 15 February 1994, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.

9.  On 9 March 1994, he was discharged accordingly under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct with a general discharge.  He completed 2 years, 2 months, and 14 days of creditable active service.

10.  There is no indication in the available records that the applicant petitioned the Army Discharge Review Board for an upgrade within that board's 15-year statute of limitations.



11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense.  The regulation states that abuse of illegal drugs is serious misconduct.  The issuance of 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  He had an opportunity to submit a statement wherein he could have voiced any concerns; however, he elected not to do so.

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

3.  His record of service included at least two NJPs.  As a result, his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.

4.  In view of the foregoing, there is no basis for granting the applicant an honorable discharge.




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)                                         AR20130019394





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ABCMR Record of Proceedings (cont)                                         AR20130019394



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