IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140014352 


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 discharge under honorable conditions (general) to a fully honorable discharge.

2.  The applicant states:

	a.  He joined the Army proudly to serve his country at the early age of 17.

	b.  He wanted to follow in the footsteps of his father and his father before.

	c.  He was not mentally ready to join the Army and he had some personal mental issues at the time.

	d.  When he was a child, he was molested by a close family member and it went on for 8 years.

	e.  When he tried to seek help from his family they blamed him and they were not supportive.

	f.  He never received the counseling or the support he needed to overcome that horrific time in his life.

	g.  Because of his unstable mind and his immaturity, he made a lot of bad choices while he was in the service.


	h.  He was young and scared and he had no hope of getting better.

	i.  He had no trust in the Army to let them know of his past molestation because of the lack of support he got from his family and friends, which caused him to drink with fellow recruits.

	j.  Due to his mental instability and immaturity he was not able to performed his duties effectively as a Soldier and he did not think about the consequences at the time.

	k.  He was able to serve for about 19 months before his actions were no longer acceptable to the Army and he was given a general discharge.

	l.  He regrets his actions and he is receiving counseling and medications for the damage his family member caused when he was a child.

	m.  His therapist believes that it would benefit his recovery if he could have an upgrade of his discharge to honorable. 

	n.  He suggests that all of the factors pertaining to his childhood be taken into consideration.

3.  The applicant provides a copy of a cover letter from the Portage County Veterans Service Office, dated 7 August 2014 and the documents listed therein.

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 6 July 1983, at age 18.  He completed training as a Food Service Specialist.


3.  The applicant accepted nonjudicial punishment (NJP) on three separate occasions for the being absent without leave (AWOL) on the following dates:

* 20 October until 21 November 1983 (32 days)
* 5 April until 9 April 1984 (4 days)
* 3 May until 10 May 1984 (7 days)

4.  He was counseled on three occasions between 8 February and 2 April 1984 for the following offenses:

* Writing a check with insufficient funds
* Being absent from formation
* Being absent from his place of duty

5.  On 25 May 1984, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13 for unsatisfactory performance.  Specifically, his level of performance had been unsatisfactory.  He acknowledged receipt of the notification and after consulting with counsel he waived his right to submit a statement in his own behalf.

6.  On 29 May 1984, the appropriate authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate.

7.  On 8 June 1984, the applicant was discharged accordingly.  He completed 9 months and 20 days of net active service this period.

8.  There is no evidence in the available record showing that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.

9.  Army Regulation 635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel.

	a.  Chapter 13 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
* the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely

	b.  Service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions.

	c.  Paragraph 3-7a states 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 contentions have been noted.  His supporting evidence has been considered.

2.  His record shows he accepted NJP for being AWOL on three separate occasions.  He was also counseled for writing a check with insufficient funds, being absent from his place of duty, and being absent from formation.

3.  He was discharged under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He provides no evidence to show the character of his service is unjust.

4.  Consideration has been given to the statements made by the applicant regarding his childhood.  However, the type of discharge he received appropriately reflects his overall record of service.  His service did not rise to the level of fully honorable.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's request.

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)                                         AR20140014352



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ABCMR Record of Proceedings (cont)                                         AR20140014352



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