IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140001685 


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 conditions discharge.

2.  He states he feels the military did not recognize that he had emotional problems and needed treatment.  He simply wishes not to feel unpatriotic due to the nature of his discharge.  He was not a bad Soldier; just a confused and grieving young man. 

3.  He adds that he is not seeking benefits of any kind other than those granted by his current discharge.  He simply does not want to feel that he is not a good American because of unwise choices he made as a boy. 

4.  The applicant did not provide any 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.  He enlisted in the Regular Army on 19 October 1973.  He successfully completed basic combat and advanced individual training.  His record is void of any acts of valor, significant awards or special recognition.  It is also void of any medical documentation and/or indication that he was emotionally disturbed and required or sought medical treatment. 

3.  A DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 29 August 1975, shows he was charged with two periods of going absent without leave (AWOL).  

4.  Charges were preferred against the applicant on 5 December 1975 for being in an AWOL status from on or about 19 September 1975 to 4 December 1975.  

5.  On 8 December 1975, he voluntarily requested discharge for the good of the service under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  He acknowledged he understood the offense he was charged with, acknowledged he was guilty of that charge, and elected to submit a statement.  He stated:

* he was fine during his initial entry training
* it wasn't until he arrived at his first permanent duty station that he no longer desired to be in the Army
* his inner feelings let him know he was against "fighting"
* he is different from the Army standards and always had been
* he thought that the military discipline was very wrong for the world and he knew it was wrong for him

6.  In addition, the applicant was advised he may expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge and he:

* was making the request of his own free will
* was guilty of the offenses with which he was charged
* had been afforded the opportunity to speak with counsel prior to making this request
* was advised he may be furnished an Undesirable Discharge Certificate
* would be deprived of many or all Army benefits
* may be ineligible for many or all Veterans Administration (VA) benefits

7.  On 24 December 1975, the appropriate authority approved his request for discharge for the good of the service.  He directed the applicant be reduced to the grade of private/E-1 and furnished with an Undesirable Discharge Certificate.

8.  Accordingly, on 14 January 1976, he was discharged under other than honorable conditions under the provisions of chapter 10 of Army Regulation 635-200 for conduct triable by court-martial.  He had completed 1 year, 10 months, and 19 days of total active service and had 129 days of time lost.

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

10.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.  

	a.  Chapter 10 stated a member who was charged with an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, an Undesiable Discharge Certificate was normally furnished an individual who was discharged for the good of the service.

	b.  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.  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.  He successfully completed basic combat training and advanced individual training and there was no indication in the available evidence that shows he was emotionally disturbed and required medical treatment.  He was charged with going AWOL on three separate occasions for a total of 129 days of lost time.  


2.  After his last offense and faced with pending court-martial charges, he voluntarily requested discharge and admitted guilt to the offenses for which he was charged.  He also acknowledged that he could receive an under other than honorable conditions discharge and that he may be ineligible for many or all Army benefits.  He also acknowledged that he had been advised and understood he may be ineligible for many or all benefits administered by the VA.  

3.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  His record contains no evidence of procedural or other errors that would have jeopardized his rights.

4.  In view of the above, there is an insufficient basis to upgrade his discharge to either a general or 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)                                         AR20140001685



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001685



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1