IN THE CASE OF:  	  

		BOARD DATE:  4 November 2014	  

		DOCKET NUMBER:  AR20140005585 


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 a discharge upgrade.

2.  The applicant states, in effect:

* he was young and addicted to alcohol in an environment that encouraged alcohol use as a rite of passage  
* he regrets his actions in the past
* he is currently a recovering alcoholic and needs the Department of Veterans Affairs (VA) to provide recovery resources

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), a self-authored statement, two letters of support, and a Certificate of License.

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 17 February 1982 at age 23. 
He completed one station unit training and was awarded military occupational specialty of 11B (Infantryman).  The highest rank/grade he attained while serving on active duty was private/E-2.

3.  Available records indicate the applicant received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 22 September 1982 for being absent without authority from 8 September through 13 September 1982.  Additionally, the DA Form 2-1 (Personnel Qualification Record - Part II), item 21 (Time Lost (Sec. 972, Title 10, USC)) shows the applicant was absent without leave (AWOL) on 15 September 1982 and for the period 18 October through 9 November 1982.

4.  The applicant's discharge packet is missing the charge sheet; however, there is sufficient evidence available for a fair and impartial review of this case.

5.  On 7 December 1982, he consulted with counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions discharge, and of the procedures and rights available to him.  Subsequent to receiving legal counsel, he voluntarily requested discharge under the provisions of chapter 10, for the good of the service - in lieu of trial by court-martial.

6.  In his request for discharge, he indicated he understood that by requesting discharge he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the VA, and he could be deprived of his rights and benefits as a veteran under both Federal and State laws.

7.  On 15 December 1982, the separation authority approved his request for discharge in lieu of court-martial and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate.  On 23 December 1982, he was discharged accordingly.

8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 9 months and 7 days of creditable active military service.  He had 30 days of time lost for being AWOL.  His DD Form 214 shows in:

* item 24 (Character of Service):  "Under Other than Honorable Conditions"
* item 25 (Separation Authority):  "Chapter 10 AR 635-200"
* item 28 (Narrative Reason for Separation):  "For the good of the service - in lieu of trial by court-martial"

9.  The applicant provides:

a.  a self-authored statement which essentially states the circumstances
surrounding his discharge resulted from untreated alcoholism.  At the time, the Army had not yet recognized just how debilitating alcohol abuse was for Soldiers.  He is certain his outcome would have been different had he had access to the resources now available

b.  two letters of support which essentially state the applicant has been a 
leader who has changed lives and helped others unconditionally.  He is diligently working to improve himself

c.  a Certificate of License which essentially states the applicant is a licensed 
minister

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

11.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.

 	a.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial at any time after the charges have been preferred.  A discharge under other than honorable conditions is normally considered appropriate.

   b.  Paragraph 3-7a states an honorable discharge is given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance.  

   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 applicant's request that his discharge be upgraded was carefully considered; however, there was insufficient evidence to support his request.

2.  The applicant was discharged for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200. Discharges under this chapter are due to a voluntary request for discharge in lieu of trial by court-martial.  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.  Based on the applicant’s record of indiscipline which includes 30 days of lost time due to being AWOL his service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  His conduct rendered his service unsatisfactory. 

4.  Records show the applicant was 23 years of age at the time of his enlistment and nearly age 24 at the time of his offenses.  There is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military service obligation.

5.  The ABCMR does not grant requests for discharge upgrades solely for the purpose of making an applicant eligible for veteran's benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veteran’s benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for housing or other VA benefits should be addressed to the VA.

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)                                         AR20140005585



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ABCMR Record of Proceedings (cont)                                         AR20140005585



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