BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140006110 


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 general discharge under honorable conditions to an honorable discharge.

2.  The applicant states:

* he was in shock when he received his discharge
* he could not believe he had done anything so bad that he would not receive an honorable discharge
* he had 2 days of lost time in 1970
* he lived 4 hours from Fort Ritchie and took two buses to get home with a delay in Baltimore
* when he was returning to post on two occasions he fell asleep in the bus station waiting for the second bus
* he was 4 hours late on one occasion and 5 hours late on the second occasion
* he was not intentionally absent without leave (AWOL) and he would never have considered it
* he was proud to serve in the military like his brothers and father
* he desires an upgrade for his personal state of mind and the respect of his family and friends

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).



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 was inducted into the Army of the United States on 10 September 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 44 (Time Lost) – AWOL on 18 February and 25 March 1970
* item 38 (Record of Assignments) – one "good" conduct rating and one "fair" efficiency rating in 1970

4.  On 27 March 1970, he accepted punishment under the provisions of Article 15, Uniform Code of Military Justice, for being AWOL on or about 25 March to 26 March 1970.

5.  His discharge packet is not available for review.

6.  On 1 September 1971, he was released from active duty.  His DD Form 214 shows in:

* item 11c (Reason and Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and Deputy Chief of Staff for Personnel Separations and Transfer Branch message, dated 13 August 1971, Separation Program Number (SPN) 21L
* item 22b (Total Active Service) – 1 year, 11 months, and 20 days
* item 30 (Remarks) – "Separation for other good and sufficient reason when determined by secretarial authority"

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

8.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 5, section II, stated the separation of enlisted personnel for the convenience of the government was the prerogative of the Secretary of the Army and would be accomplished only by his authority.  Except as delegated by this regulation or by special Department of the Army directives, the discharge or release of any enlisted member of the Army for the convenience of the government would be in the Secretary's discretion with issuance of an Honorable or General Discharge Certificate as determined by him.  Such authority may have been given in an individual case or by an order applicable to all cases specified in such order.

	b.  A member's service may be characterized as general by the commanding officer authorized to take such action or higher authority when the member is eligible for or is subject to separation and it has been determined that separation is warranted under the prescribed standards.

	c.  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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, listed all SPN's and stated SPN 21L was designated for separation for other good and sufficient reasons when determined by proper authority.  SPN 21L was governed by Army Regulation 635-200, chapter 5, section II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of the specific facts and circumstances surrounding his discharge action.  The evidence shows he was AWOL on 18 February and 25 March 1970.  It appears his chain of command and the separation authority considered his overall record of service and directed the issuance of a general discharge.

2.  It is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  In view of the above, there is an insufficient evidentiary 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________________________
                  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)                                         AR20140006110



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ABCMR Record of Proceedings (cont)                                         AR20140006110



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