IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012400
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 under honorable conditions discharge.
2. The applicant states while he was on active duty he was involved in an automobile accident that caused him to have a complete mental change in his behavior and self-control. He continues to suffer with symptoms from the accident to include total memory loss of everything prior to the accident.
3. The applicant provides a self-authored statement.
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 8 July 1981.
3. On 22 July 1982, consistent with his pleas, he was found guilty by a special court-martial of three specifications of absenting himself from his unit without authority for the periods 30 April to 11 May, 17 May to 25 June, and 6 to 7 July 1982. He was sentenced to be discharged from the service with a bad conduct discharge, confinement at hard labor for two months, forfeiture of $200.00 pay per month for two months, and reduction to the rank/grade of private/E-1.
4. The applicant's sentence to a bad conduct discharge, confinement at hard labor for two months, forfeiture of $200.00 pay per month for two months, and reduction to the rank/grade of private/E-1, adjudged on 22 July 1982, as promulgated in Special Court-Martial Order Number 104, dated 30 August 1982, was affirmed pursuant to Article 66. The provisions of Article 71(c) having been complied with, the sentence was ordered to be duly executed.
5. On 10 February 1983, he was subsequently discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) chapter 3, section IV, as a result of court-martial. He completed 1 year, 5 months, and 10 days of net active service this period with 53 days lost time.
6. The applicant petitioned the Army Discharge Review Board (ADRB) for upgrade of his discharge. In his petition the applicant does not mention being in an automobile accident. The applicant's medical records are not available for review nor did he provide any medical evidence to support this claim.
7. On 8 August 1984, after careful consideration of his military records and all other available evidence, the ADRB determined the applicant was properly discharged; however, the characterization of his discharge was determined to be inequitable by the majority of board members. On 3 October 1984, he was advised that his request for discharge upgrade was approved and the characterization of his discharge was changed to under honorable conditions (general).
8. The applicant provides a self-authored statement in which he claims while he was on active duty he was involved in a car accident that caused him to have a complete mental change in his behavior and self-control. He continues to suffer with symptoms from the accident to include total memory loss of everything prior to the accident.
9. Army Regulation 635-200, paragraph 3-7a states 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 to upgrade his under honorable conditions discharge has been carefully examined and found to be without merit. His record is void of and he provided insufficient evidence in support of his contention that he was involved in an automobile accident while on active duty which caused him to have a complete mental change in his behavior and self-control.
2. Consistent with his pleas, the applicant was found guilty by a special court-martial of three specifications of absenting himself from his unit without authority for the periods 30 April to 11 May, 17 May to 25 June, and 6 to 7 July 1982. Accordingly, he was sentenced to be discharged from the service with a bad conduct discharge.
3. While the applicant was able to successfully petition the ADRB to change the characterization of his discharge to under honorable conditions, he provides insufficient evidence to support further upgrading his discharge at this time. The applicant's general discharge is commensurate with his overall record of military service.
4. In view of the foregoing, he is not entitled to 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) AR20140012400
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ABCMR Record of Proceedings (cont) AR20140012400
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