IN THE CASE OF:	   

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140010871 


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 his undesirable discharge (UD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that he spent weeks to months in a hospital while his buddies and unit moved on.  He was too sick to return to duty.  He has requested his medical records but has never received them.

3.  The applicant provides no supporting documentation.

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 11 July 1972, completed training, and was awarded the military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  The applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice, on:

   a.  12 February 1973 for being absent without leave (AWOL) from 31 January 1973 through 9 February 1973; and
   
   b.  2 May 1973 for failure to go to his place of duty

4.  The charge sheet or the specific facts and circumstances pertaining to the applicant's discharge proceedings under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial are not contained in his available military record.  His record contains Special Orders Number 120 issued on 11 June 1973 by Headquarters, 101st Airborne Division (Airmobile) and Fort Campbell, Fort Campbell, KY showing he was discharged effective 13 June 1973 with an Undesirable Discharge Certificate.  The reason for his discharge is listed as "For the Good of the Service."

5.  The applicant's medical records are not available for the board to review nor did the applicant provide copies of his medical records to support his contention that he was hospitalized.

6.  The applicant was discharged on 13 June 1973 in accordance with Army Regulation 635-200, chapter 10 with a UD.  He had 10 months and 5 days of creditable service with 29 days of lost time (7 – 23 January 1973, 31 January – 9 February 1973, and 8 –9 May 1973).

6.  There is no indication the applicant applied for review of his discharge by the Army Discharge Review Board within its 15-year statutory limit.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It provides the following:

   a.  Paragraph 3-7a states that an honorable discharge (HD) is a separation with honor.  The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty.  

	b.  Paragraph 3-7b states that a general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge. 

	c.  Paragraph 3-7c states that a UOTHC discharge is issued when there is one or more acts or omissions that constitute a significant departure from conduct expected of a Soldier.  

	d.  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 was normally considered appropriate at the time.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity deciding cases on the evidence of record.  It is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any evidence that he spent any time in any hospital or that he had a medical condition that would mitigate his repeated misconduct.  

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The type and character of the discharge is commensurate with his overall record of service.  There is no 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 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)                                         AR20140010871



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ABCMR Record of Proceedings (cont)                                         AR20140010871



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