IN THE CASE OF:  	  

		BOARD DATE:  10 February 2015	  

		DOCKET NUMBER:  AR20140011372 


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 general discharge (GD) to an honorable discharge (HD).

2.  The applicant states his discharge was supposed to be upgraded after 6 months. 

3.  The applicant does not provide any additional evidence. 

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 5 July 1983.  After completing initial entry training, he was awarded military occupational specialty 13M (Multiple Launch Rocket Systems Crewmember).
3.  Records show he received counseling on several occasions for:

* indebtedness
* poor job performance
* failing to follow instruction
* writing bad checks
* cheating on a physical fitness test
* failure to report to duty

4.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on:

* 8 May 1985, for dishonorably failing to pay a debt
* 22 July 1985, for violating a lawful order

5.  On 19 December 1985, he was notified of the unit commander's intent to initiate separation action against him for unsatisfactory performance under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13.  The commander stated the action was based on the likelihood that the circumstances forming the basis for initiation of separation proceedings would continue to occur and his lack of potential for advancement and leadership.

6.  On 20 December 1985, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, the possible effects of a discharge, and the rights available to him.  He further acknowledged he understood he might expect to encounter substantial prejudice in civilian life if a GD under honorable conditions were issued to him.  He elected to make a statement; however, said statement was not found in his records.

7.  On 23 December 1985, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13, and directed the issuance of a GD Certificate.

8.  On 7 January 1986, the applicant was discharged accordingly.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 6 months, and 3 days of creditable active military service.

9.  On 2 April 1997, the Army Discharge Review Board denied his petition for an upgrade of his discharge.

10.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  
   a.  Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander's judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.
	
	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for upgrade of his GD was carefully considered; however, there was insufficient evidence to support his request.

2.  The Army does not have, nor has it ever had, a policy to upgrade discharges after 6 months.  Each case is individually decided based upon its merits when an applicant requests a change in his or her discharge. 

3.  The evidence shows his separation process was accomplished in compliance with applicable regulations and there is no evidence of procedural errors that would have jeopardized his rights.  His GD is commensurate with his overall record of military service.

4.  Based on his record of indiscipline, the applicant's service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  In view of the foregoing, there is insufficient evidence to grant him 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)                                         AR20140011372



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ABCMR Record of Proceedings (cont)                                         AR20140011372



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