IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009160
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 undesirable discharge.
2. The applicant states:
a. He believes his character of discharge was unjustified.
b. He volunteered to join the infantry and go to Vietnam, but his unit did not want him to leave because he performed his duties exceptionally well. He was absent without leave (AWOL) three times thinking his unit would change his military occupational specialty (MOS) to infantryman. On the third offense, he went to the stockade.
c. His officer in charge (OIC) came to see him while he was in the stockade and he thought he was finally going to get his MOS changed to infantry. Instead, the OIC told him he was going to be discharged. The applicant told his OIC he would not accept a dishonorable discharge and he wanted to be an infantryman. His OIC told him he was getting an undesirable discharge.
d. All he wanted was to be an infantryman and serve his country in Vietnam. He volunteered for the Army at age 17. He understands that being AWOL was wrong and he should have approached this in a different manner in order to get into the infantry. He used poor judgment. Today, he is older and wiser and an ordained minister. He works to lead others to Christ.
3. The applicant provides a certificate of license to preach the gospel.
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 21 November 1968 for 3 years.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* he enlisted or volunteered for airborne training
* he completed basic combat training
* he attended advanced individual training (AIT) for MOS 70A (clerk)
4. In March 1969 while in AIT, nonjudicial punishment (NJP) was imposed against him for failing to go at the time prescribed to his appointed place of duty.
5. In April 1969 while in AIT, NJP was imposed against him for being AWOL from 5 April 1969 to 8 April 1969.
6. On 3 June 1969 while in AIT, he was convicted by a special court-martial of being AWOL from 20 April 1969 to 21 May 1969. He was sentenced to confinement at hard labor for 2 months and forfeiture of $73.00 pay per month for 2 months. On 1 July 1969, the convening authority approved the sentence, but suspended the portion in excess of forfeiture of $73.00 pay per month for 2 months and confinement at hard labor for 1 month for 2 months.
7. In July 1969 while in AIT, NJP was imposed against him for being AWOL from 23 July 1969 to 25 July 1969.
8. His records are void of the specific facts and circumstances surrounding his discharge action. However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged under other than honorable conditions on 8 September 1969 under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability). He completed 8 months and 12 days of total active service with 36 days of lost time. The separation program number 28B shown on his DD Form 214 represents unfitness due to involvement in frequent incidents of a discreditable nature with civil or military authorities.
9. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness and unsuitability. Paragraph 6a(1) provided that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate.
10. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel.
a. 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.
b. 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 contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed that the authority and reason for his discharge were commensurate with his overall record of service.
2. In view of the foregoing information, there is an insufficient evidentiary basis for granting the applicant's 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.
_______ _ 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) AR20140009160
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ABCMR Record of Proceedings (cont) AR20140009160
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