BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004297 


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 to a general discharge.

2.  The applicant states he was told that after 6 months he could request an upgrade but until now has not done so.

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 24 January 1977, completed training, and was awarded military occupational specialty 12C (Bridge Specialist). 
3.  He was absent without leave from 31 May 1977 through 17 May 1981 (3 years, 11 months, and 18 days), 2 June 1981 through 16 November 1981 (5 months and 14 days), and 3 November 1982 through 10 April 1983 (5 months and 8 days).

4.  On 24 May 1983, the applicant's command recommended his discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12c, for misconduct by reason of commission of a serious offense, AWOL, with a characterization of service of under other than honorable conditions.

5.  The applicant acknowledged the discharge recommendation and waived his rights to consult with counsel, to a board of officers, a personal appearance, and to provide a statement in his own behalf.

6.  The discharge authority approved the discharge recommendation, waived rehabilitation efforts, directed the applicant be reduced to the lowest enlisted grade, and be furnished an under other than honorable conditions discharge certificate.

7.  On 1 July 1983, the applicant was discharged accordingly for misconduct – commission of a serious offense for his multiple offenses of AWOL.  His DD Form 214 shows he completed 1 year, 5 months, and 23 days of net active service this period with a total of 4 years, 10 months, and 10 days of time lost due to being AWOL.  He is not shown to have received any personal awards, decorations, commendations, citations, or recommendations.

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

9.  Army Regulation 635-200 (sets forth the basic authority for the separation of enlisted personnel.  As in effect at the time of the applicant's service it provided that:

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	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 states 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.

2.  The applicant's periods of time lost far exceed his period of creditable service by a factor of five and the mere passage of time is insufficient reason in-and-of-itself to warrant a change of the applicant's discharge, especially in light of the fact that his military record is void of significant service.

3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20140004297





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ABCMR Record of Proceedings (cont)                                         AR20140004297



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