IN THE CASE OF:  	  

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140003775 


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 discharge under other than honorable conditions to a discharge under honorable conditions (general).

2.  The applicant states:

* He admits to his involvement and wrongdoing 
* While he was in the Army he was influenced by his fellow service members
* He believes that without that influence he would have fulfilled his service obligation as shown by the merits and achievements he received
* He was a model Soldier and he exemplified true professionalism
* He accepted an administrative discharge and although he accepts his current state, it is hurtful to him to have served so exemplary and without a blemish in his record
* He had a stellar history in the Army, thus finding his current situation weighing heavily on him since his service

3.  The applicant provides:

* Statements and supporting letters from friends and former employers attesting to his good character and post-service conduct
* DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 June 1982 (two copies)
* Certificates of Achievement, Training, and Promotion
* Certificate for Award of the title of Master Gardner dated 27 November 2013
* Certificate of Membership of the Freeport Tuna club dated 11 July 1996
* Suburban Technical School Digital Computer Technology Diploma dated 13 July 1986

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 13 July 1978.  He completed training as a chemical operations specialist.

3.  The available records show that on 11 March 1982 the applicant was notified that charges were preferred against him for the wrongful possession of marijuana and for failing to obey a lawful general order or regulation.  He acknowledged receipt of the notification.  After consulting with counsel he submitted a request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations- Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial.  In his request for discharge, the applicant acknowledged he understood:

* if his request for discharge was accepted, he could be discharged under other than honorable conditions and he could be deprived of many or all Army benefits as a result of the issuance of such a discharge
* he could be ineligible for many or all benefits administered by the Veterans Administration (VA)
* he could be deprived of his rights and benefits as a veteran under both Federal and State laws
* he could expect to encounter substantial prejudice in civilian life by reason of a discharge under other than honorable conditions

4.  The appropriate authority approved his request for discharge on 25 May 1982 and directed the issuance of a discharge under other than honorable conditions.  On 30 June 1982, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  His DD Form 214 shows he completed 3 years, 11 months, and 18 days of net active service this period.  He received an under other than honorable conditions character of service.

5.  The available evidence shows that on 7 October 1985 the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.

6.  The applicant provides statements and supporting letters from friends and former employers attesting to his good character and post-service conduct.  He also provides copies of Certificates of Achievement, Training, and Promotion that he received while he was in the Army and after his discharge from the Army.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states:

	a.  Chapter 10 provides 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, the type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  A discharge under other than honorable conditions would normally be furnished to an individual who was discharged for the good of the service.

	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.  His records show he had charges pending against him for being in possession of marijuana and for failure to obey a lawful order.  He voluntarily submitted a request for discharge for the good of the service in lieu of trial by court-martial.  He was discharged in accordance with the applicable regulation and the type of discharge he received appropriately characterizes his overall record of service.

2.  The available evidence does not show that his Army service was blemish-free.  Prior to his discharge he acknowledged that he understood the type of discharge he might receive.  His service simply did not rise to the level of a general or an honorable discharge.

3.  The applicant has not shown error or injustice in the actions taken by the Army in his case.

4.  In view of the foregoing, his request should be denied.

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 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)                                         AR20140003775



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ABCMR Record of Proceedings (cont)                                         AR20140003775



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