IN THE CASE OF:  	  

		BOARD DATE:  16 September 2014  	  

		DOCKET NUMBER:  AR20140002907 


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 upgrade of his under other than honorable conditions discharge. 

2.  The applicant states he served honorably for 13 years.  During his last year of service he began to hear voices, suffered from blackouts, and would self-medicate with alcohol.  He is homeless and seeking assistance from the Department of Veterans Affairs (VA).

3.  The applicant provides no additional evidence.

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 21 June 1973.  He last reenlisted on 5 December 1984.

3.  His record contains a General Officer Letter of Reprimand dated 15 October 1987.  The letter states that on 25 September 1987 the applicant was apprehended by military police for drunk driving.  Evidence established that he was stopped at the main gate of Caserma Ederle, Vicenza, Italy for not wearing a seatbelt.  He failed a field sobriety test and was apprehended.  A blood-alcohol test revealed that his blood-alcohol level was 1.50 mg/ml.

4.  The applicant states he received an Article 15 for drunk driving in his rebuttal letter to the GOMOR; however, the original Article 15 was not present in his records.

5.  His record contains a DA Form 2627-2 (Record of Supplementary Action Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 21 April 1988, that shows the applicant's suspension of punishment to be reduced from staff sergeant to sergeant which was imposed on him on 20 October 1987 was vacated.  The vacation of punishment was based on the applicant operating a vehicle while drunk on 17 April 1988.

6.  The complete facts and circumstances of his discharge are not available for review with this case.  However, his record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was discharged for the good of the service in lieu of trial by court-martial on 26 March 1988, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, with an under other than honorable conditions character of service.  The DD Form 214 he was issued confirms he completed a total of 14 years, 11 months, and 6 days of creditable active service.

7.  His record is void of any evidence and he has not provided any evidence which shows he was ever diagnosed with or treated for alcohol, drug abuse, or any psychological disorder while serving in the Army.

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

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed 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 at any time after court-martial charges were preferred.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  An under other than honorable conditions discharge would normally be given an individual who was discharged for the good of the Service.

10.  Army Regulation 635-200, 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.

11.  Army Regulation 635-200, 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 request to upgrade his undesirable discharge was carefully considered; however, there is insufficient evidence to support his request.

2.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of offense(s) punishable under the (UCMJ) with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.

3.  His record is void of any evidence and he has not provided any evidence which shows he was ever diagnosed with or treated for alcohol, drug abuse, or any psychological disorder while serving in the Army.


4.  The applicant's discharge appears appropriate because the quality of his service during his last enlistment period was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel.  The evidence appears to show he accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ on two separate occasions for drunk driving.  Therefore, based on his record of indiscipline, the applicant's service does not merit an upgrade to his discharge to either an honorable or a general discharge.

5.  The ABCMR does not grant requests for an upgrade of discharges solely for the purpose of making the applicant eligible for veteran's benefits. 

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)                                         AR20140002907





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ABCMR Record of Proceedings (cont)                                         AR20140002907



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