BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140004904
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 from the U.S. Army Reserve (USAR).
2. The applicant states:
* he wasn't able to make healthy or wise decisions due to his drug and alcohol abuse and sexual abuse
* at the time he didn't understand what was going on with him
* he was drinking heavily and his drinking led to drugs
* he was sexually abused as a child
* he didn't know how to deal with the pain or who to talk to
3. The applicant provides a patient summary output report, dated 10 March 2014.
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 Illinois Army National Guard (ILARNG) on 6 February 1978 for 6 years. He completed his training and was awarded military occupational specialty 95B (military police). On 14 January 1982, he was discharged from the ILARNG for unsatisfactory participation and transferred to the Individual Ready Reserve. His character of service was under other than honorable conditions.
3. His records are void of the specific facts and circumstances surrounding his 1984 discharge action. However, discharge orders show he was discharged from the USAR Ready Reserve on 17 April 1984 under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations). His character of service was under other than honorable conditions.
4. There is no evidence of record that shows he was diagnosed with alcohol or drug abuse or dependency prior to his discharge.
5. In 1993, the Army Discharge Review Board denied his request for an honorable discharge.
6. He provided a patient summary output report, dated 10 March 2014, which shows he was diagnosed with major depressive disorder, recurrent, severe, with psychosis.
7. Army Regulation 135-178 provides for the separation of enlisted personnel of the Army Reserve and ARNG.
a. Chapter 13 applies to unsatisfactory participation in the Ready Reserve. The characterization of service normally will be under other than honorable conditions.
b. Paragraph 2-9a provides that an honorable characterization of service is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for military personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
c. Paragraph 2-9b provides that a general characterization of service is appropriate if a Soldier's service has been honest and faithful. Characterization of service as general under honorable conditions is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he wasn't able to make healthy or wise decisions due to his drug and alcohol abuse. However, there is no evidence of record and he provides no evidence that shows he was diagnosed with alcohol or drug abuse or dependency prior to his discharge.
2. In the absence of evidence to the contrary, it must be presumed that his 1984 separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service. Therefore, there is an insufficient evidentiary basis for granting the applicant an honorable or general 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 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) AR20140004904
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ABCMR Record of Proceedings (cont) AR20140004904
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