IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013220
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 general, under honorable conditions discharge be upgraded to an honorable discharge.
2. He states that following his discharge from the Regular Army (RA), he reenlisted in the Army National Guard (ARNG) and obtained an honorable discharge from the ARNG. He desires an upgrade of his RA discharge because he has had problems using some of his Department of Veterans Affairs benefits due to the way it is worded.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 RA on 20 May 1981.
3. The complete facts and circumstances leading to the applicant's discharge are not available for review with this case. However, his record contains a DD Form 214 which shows he was discharged on 2 July 1982 upon the completion of 1 year, 1 month, and 13 days of net active service. At the time of his separation he held the rank/pay grade of private (PV2)/E-2. His DD Form 214 also reflects the following information:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was authorized the Army Service Ribbon.
b. Item 24 (Character of Service) shows his service was characterized as "under honorable conditions."
c. Item 25 (Separation Authority) shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 13-4c.
d. Item 28 (Narrative Reason for Separation) shows he was discharged due to "unsuitability, apathy, defective attitude, or inability to expend effort constructively."
4. The applicant's record contains a National Guard Bureau Form 22 (Report of Separation and Record of Service) which shows he:
* enlisted in the Michigan ARNG on 18 May 1988
* served in the ARNG for 6 years, 7 months, and 12 days
* was honorably discharged from the ARNG on 29 December 1994
5. His service record does not indicate he applied to the Army Discharge Review Board within its 15-year statute of limitations.
6. Army Regulation 635-200, chapter 13 applied to separation for unfitness and unsuitability. At that time, paragraph 13-4c provided for the separation of individuals for unsuitability whose record evidenced apathy (lack of appropriate interest), defective attitudes, and an inability to expend effort constructively. When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individuals entire record.
7. 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 members 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.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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. In the absence of evidence to the contrary, it is presumed that the applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, paragraph 13-4c, were conducted in accordance with law and regulations applicable at that time.
2. It appears the chain of command determined that the applicant's overall military service did not meet the standards for an honorable discharge as defined in Army Regulation 635-200 and appropriately characterized his service as general under honorable conditions.
3. The fact that the applicant completed a period of honorable service in the ARNG is duly noted. However, his service in the ARNG is not sufficiently mitigating to overshadow his prior service in the RA.
4. The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.
5. There is no evidence of record which indicates the actions taken in this case were in error or unjust. Therefore, there is no basis for granting the applicant's 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) AR20140013220
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ABCMR Record of Proceedings (cont) AR20140013220
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