IN THE CASE OF:    

		BOARD DATE:  6 January 2015	  

		DOCKET NUMBER:  AR20140008250 


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 that his general discharge be upgraded to a fully honorable discharge.

2.  The applicant states, in effect, that he desires his discharge to be upgraded so that he can obtain benefits. 

3.  The applicant provides no additional documents with his application.

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 9 February 1983 for a period of 3 years and training as an infantryman.  He was transferred to Fort Benning, Georgia to undergo his one-station unit training.  He completed his training and remained assigned at Fort Benning for his first and only assignment.

3.  On 20 July 1983, accepted nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for being derelict in the performance of his duties.

4.  On 24 August 1983, he again accepted NJP under the UCMJ for failing to go at the time prescribed to his appointed place of duty.

5.  On 7 September 1983, the applicant was arrested by civil authorities in Columbus, Georgia for driving under the influence and the possession of marijuana.  He remained in civil confinement until 23 September 1983 when he paid his fine and was returned to military control. 

6.  On 29 September 1983, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 13, for unsatisfactory performance.  He cited as the basis for his recommendation the applicant’s continued display of apathy, failure to respond to repeated counseling sessions, and his disciplinary record.

7.  After consulting with defense counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.

8.  The appropriate authority approved the recommendation for discharge on
18 October 1983 and directed the applicant be furnished a General Discharge Certificate.

9.  Accordingly, he was discharged under honorable conditions on 14 October 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 7 months and 28 days of net active service this period and had 16 days of lost time due to confinement by civil authorities.

10.  There is no evidence in the available records to show that he 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, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel for unsatisfactory performance and who were unsuitable for further military service.  An individual could be separated for unsatisfactory performance if it was determined that the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  A discharge under honorable conditions is normally considered appropriate.

12.  Paragraph 3-7a of Army Regulation 635-200 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 13, was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  The applicant’s contentions have been noted; however, they are not sufficiently mitigating to warrant relief when compared to his overall record of service.  Also, upgrades of discharges are not granted simply for the purpose of qualifying individuals for benefits.  Additionally, his service simply does not rise to the level of a fully honorable discharge.

4.  Accordingly, there does not appear to be any basis to grant his request for an upgrade of his discharge to fully honorable.

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)                                         AR20140008250





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ABCMR Record of Proceedings (cont)                                         AR20140008250



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