IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003365 


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 (UOTHC) discharge.  

2.  He states the main reason he received a UOTHC discharge was his tardiness for formations.  This happened because he was young and assigned close to home.  It was an injustice.  He is now older and wiser, and he believes in second chances.

3.  He provides his DD Form 214 (Report of Separation from Active Duty) and three letters of support.  

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's Official Military Personnel File is not available for review.  This case is being considered using the documents he provides.

3.  On 21 October 1975, he enlisted in the Regular Army at age 19.  His DD Form 214 shows his home of record at the time of entry into active service was an address in Kinston, NC.  

4.  He completed initial entry training, and he was awarded military occupational specialty 62B (Engineer Equipment Repairman).  

5.  He has provided copy 1 of his DD Form 214, which does not show the authority and reason for his discharge.  It does show that he received a UOTHC discharge on 1 November 1977 and that he had been reduced to the private one/pay grade E-1 effective 21 October 1977.  He was discharged at Fort Bragg, NC.  

6.  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.

7.  He provides three letters of support commending his work ethic and character.

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  

	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.  

	c.  Paragraph 3-7c provides that a UOTHC discharge is an administrative separation from the Service under conditions other than honorable.  It may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial in the following circumstances:
		(1)  When the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of Soldiers of the Army.

		(2)  When the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of Soldiers of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for an upgrade of his UOTHC discharge.

2.  He states the main reason he received a UOTHC discharge was his tardiness for formations.  Although the available records do not show specific instances of misconduct, a pattern of being late for formations would have been a significant departure from the conduct expected of Soldiers of the Army, thereby warranting a UOTHC discharge.  In the absence of evidence showing otherwise, it must be presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.

3.  His contention that his misconduct was a result of his youth and having been assigned close to home is noted.  He enlisted at age 19; however, there is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed military service.

4.  The letters of support he provides are also noted.  Generally, post-service conduct is not a basis for upgrading a properly-issued discharge.  

5.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140003365





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ABCMR Record of Proceedings (cont)                                         AR20140003365



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