BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006661 


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 general discharge.

2.  The applicant states, in effect, that he:

* does not recall altering or having in his possession someone else's ration card
* was only 18 and just a kid
* wasn't familiar with the law
* he was given a deal to get out early
* did not want to do any jail time
* would like to get veterans benefits
* he was diagnosed with schizophrenia shortly after his discharge

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and a copy of his DA Form 2627 (Record of Proceedings under Article 15, UCMJ).

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 4 June 1974 at the age of 18.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

 3.  The complete facts and circumstances of the applicant’s discharge are not available for review with this case.  There are however, sufficient records available to make a fair and impartial decision in this case.  

4.  The available records show the applicant received nonjudicial punishment on 29 August 1975 for possessing an altered ration card that did not belong to him.

5.  On 15 October 1975, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, In Lieu of Trial by Court-Martial.  His DD Form 214 for this period of service shows he completed 1 year, 4 months, and 12 days of total creditable active military service.  

6.  On two separate occasions the Army Discharge Review Board (ADRB) denied the applicant's request for an upgrade of his under other than honorable conditions discharge.  

7.  The ADRB proceedings indicated the applicant was pending a court-martial for selling illegal drugs and opted for a chapter 10 discharge.    

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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.

9.  Army Regulation 635-200, paragraph 3-7a, provides than 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 members service 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.

10.  Army Regulation 635-200, 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.  The applicant's request for an upgrade of his discharge was carefully considered; however, there is insufficient evidence to support his request. 

2.  The specific facts and circumstances surrounding the applicant’s active duty discharge processing are not available for review.  The evidence does include a DD Form 214 that contains the authority and reason for the applicant’s active duty discharge.  The ADRB determined he had been properly and equitably discharged.

3.  The evidence of record shows he violated the Uniform Code of Military Justice and then willingly elected discharge instead of facing a trial by 
court-martial. 

4.  Records show the applicant was only 18 years of age at the time of his offenses.  However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed military service

5.  Based on his record of indiscipline which includes selling illegal drugs and possessing a ration card which did not belong to him, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service unsatisfactory.  Therefore, the applicant is not entitled to relief requested.

6.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for benefits.







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)                                         AR20140006661





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ABCMR Record of Proceedings (cont)                                         AR20140006661



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