IN THE CASE OF:	

		BOARD DATE:	 24 February 2015 

		DOCKET NUMBER:  AR20140011910 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he:

* entered active duty (AD) on 27 August 1986 vice 21 October 1986
* was honorably discharged on 1 August 1991 vice discharged on 7 January 1993 under other than honorable conditions
* completed the Primary Leadership Development Course (PLDC)

2.  The applicant states he has documents that show his DD Form 214 is incorrect.  His discharge from the Army happened in August 1991 at Fort Campbell, KY.

3.  The applicant provides his DD Form 214; one page of a medical record, dated 1 October 1986; and a letter from the National Personnel Records Center, dated 20 June 2014.

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's record contains his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 1 October 1986, wherein it shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 October 1986.  He was discharged from the USAR DEP on 20 October 1986.  On 21 October 1986, he enlisted in the Regular Army (RA) for a period of 3 years.  

3.  His record also contains a DD Form 4, dated 19 April 1989, wherein it shows he reenlisted in the RA on that date for a period of 6 years.

4.  On 4 August 1989, he was assigned to the 3rd Battalion, 327th Infantry Regiment, Fort Campbell, KY.  He was reported as absent without leave (AWOL) from his assigned unit from 5 to 11 June 1990.  

5.  On 31 July 1991, his immediate commander recommended a DA Form 4126 (Bar to Reenlistment Certificate) be placed against him.  His commander stated the applicant received an Article 15, under the provisions of the Uniform Code of Military Justice for being AWOL in 1990 and a second Article 15 in 1991 for failing to report to his appointed place of duty.  He further stated the applicant did not present a stable work effort, was counseled for misconduct when he discharged a weapon in on-post housing, and should not be afforded the privilege of continued military service.  Neither of these Article 15s is available for review with this case. 

6.  On 2 August 1991, the approving authority approved the request and a Bar to Reenlistment Certificate was placed against the applicant.

7.  On 6 August 1991, he was reported as AWOL from his assigned unit and he was dropped from the rolls as a deserter.

8.  On 19 June 1992, he was returned to military control and assigned to the Personnel Control Facility, Fort Knox, KY.

9.  On 29 June 1992, court-martial charges were preferred against him for one specification of being AWOL from 6 August 1991 to 19 June 1992.

10.  On 29 June 1992, the applicant consulted with legal counsel who advised him of the basis for the contemplated trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge, the maximum permissible punishment authorized under the Uniform Code of Military Justice, the possible effects of a request for discharge, and the procedures and rights available to him.  Following consultation with legal counsel, he 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.

11.  In his request for discharge, he acknowledged he was submitting the request of his own free will and had not been subjected to any coercion, that he was guilty of being AWOL from 6 August 1991 to 19 June 1992, and that under no circumstances did he desire further rehabilitation or to perform further military service.  He further acknowledged he understood if the request were approved he might be discharged under other than honorable conditions.  He also acknowledged he understood he might be deprived of many or all Army benefits, he might be ineligible for many or all benefits administered by the Veterans Administration, he might be deprived of his rights and benefits as a veteran under both Federal and State laws, and he might expect to encounter substantial prejudice in civilian life.  He declined to submit a statement on his own behalf.

12.  On 30 June 1992, he was placed on excess leave pending the results of his request for a chapter 10 discharge. 

13.  On 3 December 1992, his immediate and senior commanders recommended approval of his request with a discharge under other than honorable conditions.

14.  On 14 December 1992, the separation authority approved his request for discharge under the provisions of Army Regulation 635-200, chapter 10, with his service characterized as under other than honorable conditions.  On 7 January 1993, he was discharged accordingly at Fort Knox, KY.

15.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial with an under other than honorable conditions characterization of service.  He completed 6 years and 21 days of net of which 192 days was excess leave and he had 326 days (or 10 months and 26 days) of lost time due to being AWOL.

16.  His DD Form 214 also contains the following entries in:

* item 12a (Date Entered AD this Period) - 21 October 1986
* item 12b (Separation Date this Period) - 7 January 1993
* item 14 (Military Education) - None
17.  Item 18 (Remarks) of his DD Form 214 contains the entry continuous honorable active service from 21 October 1986 to 18 April 1989.

18.  His record is void of any evidence and he has not provided any evidence that shows during his active duty service he attended and successfully completed the PLDC.

19.  There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

20.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment included 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.  A discharge under other than honorable conditions is normally considered appropriate.

21.  Army Regulation 635-200, 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.

22.  Army Regulation 635-200, paragraph 3-7b, stated a general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

23.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he entered AD on 27 August 1986, was honorably discharged on 1 August 1991, and that he completed PLDC.
2.  The evidence of record confirms the applicant entered active duty on 21 October 1986 and he was discharged under other than honorable conditions on 7 January 1993 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service - in lieu of trial by court-martial; all of which is correctly shown on his DD Form 214.

3.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The applicant served continuously from 21 October 1986 to 7 January 1993.  

4.  His record is void of any evidence and he has not provided any evidence that shows he attended and successfully completed PLDC.

5.  In view of the foregoing, there is no basis for granting 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)                                         AR20140011910



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ABCMR Record of Proceedings (cont)                                         AR20140011910



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