IN THE CASE OF:	   

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140010484 


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 from the Regular Army in 1992.

2.  The applicant states:

* he is currently serving in the Army National Guard (ARNG)
* he completed his initial commitment and beyond
* he completed the special forces assessment and selection, as well as the qualification course in military occupational specialty (MOS) 18D (special forces medical sergeant)
* he deployed to Afghanistan in support of Operation Enduring Freedom
* he is currently activated serving in Korea
* he is unable to file a claim with the Department of Veterans Affairs (VA) for injuries sustained on active duty

3.  The applicant provides:

* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Enlistment/Reenlistment Agreement, ARNG (Guard Annex)
* DD Form 4 (Enlistment/Reenlistment Document)
* Enlisted Record Brief
* DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 12 July 2009 and 11 May 2012
* letter from the VA, dated 27 February 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 June 1991 for 2 years and 18 weeks.  He completed his training and was awarded MOS 11B (infantryman).

2.  His charge sheet is incomplete, but records show he was absent without leave (AWOL) on 11 May 1992.  He was apprehended by civilian authorities and returned to military control on 24 July 1992.  Trial by special court-martial was recommended.

3.  On 4 August 1992, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He indicated he understood he might be discharged under conditions other than honorable and given a discharge under other than honorable conditions, he might be ineligible for many or all benefits administered by the VA, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected to make a statement in his own behalf.  In summary, he stated:

* he was AWOL because the Army life was not for him
* he repeatedly asked for a discharge, but was denied
* he became very frightened of airborne operations when a noncommissioned officer in his unit experienced a malfunction and was severely injured
* he became increasingly stressed and stated he was AWOL to avoid getting in trouble (starting fights in the barracks for example)
* he would continue to seek a discharge if returned to military duty

4.  On 31 August 1992, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of a discharge under other than honorable conditions.

5.  On 16 September 1992, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He completed 1 year and 8 days of creditable active service with 74 days of lost time.  His service was characterized as under other than honorable conditions.

6.  There is no evidence in the available records showing the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 
15-year statute of limitations.

7.  In April 2003, his request for a waiver for enlistment in the ARNG was approved.  He enlisted in the ARNG on 12 May 2003 for 6 years, 11 months, and 21 days.  He was promoted to staff sergeant on 1 June 2008.  He was ordered to active duty on 7 April 2001 in support of Operation Enduring Freedom.  He served in Afghanistan from 5 November 2011 to 19 March 2012.  He was released from active duty on 11 May 2012.  He has remained in the ARNG through continuous reenlistments.

8.  He provided a letter from the VA, dated 27 February 2014, which states:

	a.  They received his claim for compensation based on his military service.

	b.  Anytime a veteran receives a discharge that is not honorable, they have to decide if he/she is eligible for VA benefits.

	c.  The military said his service from 24 June 1991 to 16 September 1992 was not honorable.

	d.  They have to make a decision about his service.  As long as they decide his service was not dishonorable, he will be eligible for VA benefits.

9.  Army Regulation 635-200 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.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	b.  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.

	c.  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 voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations in 1992.

2.  The type of discharge directed and the reason for his discharge were appropriate considering all the facts of the case.

3.  His subsequent honorable service in the ARNG and his deployment to Afghanistan were carefully considered.  However, his record of service in 1992 included 74 days of lost time due to AWOL terminated by apprehension.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.

4.  In view of the foregoing information, there is an insufficient evidentiary basis for granting the applicant an upgrade of his 1992 discharge.

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)                                         AR20140010484



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ABCMR Record of Proceedings (cont)                                         AR20140010484



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