IN THE CASE OF:  

		BOARD DATE: 7 April 2015

		DOCKET NUMBER:  AR20140014681 


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 discharge be upgraded to honorable.

2.  The applicant did not make a statement.

3.  The applicant provides copies of:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Army Discharge Review Board (ADRB) letter, dated 24 February 2011
* five letters of support

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 24 July 1996.  He held military occupational specialty 95B (Military Police).  

3.  He accepted nonjudicial punishment (NJP) under the provisions of Article 
15, Uniform Code of Military Justice (UCMJ) on 5 November 1997 for two incidents of failing to go to his appointed place of duty.

4.  A 2 June 1998 Mental Status Report shows the applicant was responsible for his own actions, had the mental capacity to understand and participate in the proceedings and met the medical retention standards.  He was psychiatrically cleared for any administrative action.

5.  On 17 June 1998, the applicant's immediate commander notified him of his intent to initiate separation action against him for patterns of misconduct.  The commander stated the reasons for this action were that the applicant had been cited for incidents of self-injury without intent to avoid service, three incidents of absences from his place of duty and two incidents of dereliction of duty.  The commander recommended a general discharge.

6.  On 17 June 1998, the applicant acknowledged receipt of the separation notification, consulted with counsel, and indicated he would not submit a statement on his own behalf.

7.  The applicant's immediate commander initiated separation action against him in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, paragraph 14-12b (patterns of misconduct).  

8.  On 25 June 1996, the separation authority approved the applicant's discharge and directed he receive a general discharge.  

9.  On 15 July 1998, the applicant was accordingly discharged for misconduct.  He had completed a total of 1 year, 11 months, and 22 days of creditable active duty service.

10.  On 24 February 2011, the ADRB denied his request for an upgrade of his discharge.

11.  In support of his request he provides letters of support:

	a.  Mr. R____ C____, Walgreens Pharmacy Manager, states the applicant worked under his supervision as a pharmacy technician for a number of years.
The applicant always asked for more responsibility.  He went from an entry level position to a certified technician quickly.  He was always at work early and stayed late to make sure the job was done.  He became a leader in the pharmacy and always held co-workers to his same high standards.  

	b.  Ms. C____ H____ states she previously worked with the applicant and he was highly motivated and hard working.  He has good character and can be depended upon.  He has always gone above and beyond expectations and strives to succeed for himself and his family.

	c.  Mr. M____ R____ states, "When I first started my new job it was intimidating joining a large crew of people and having to learn the ropes quickly.  On my first day [the applicant] welcomed me with open arms.  Anytime I had a question or concern I knew [the applicant] would answer my question meticulously.  Not only did he make my transition into a new work environment smooth but because of his earnest made my job easier.  I quickly saw how genuine of a person he is. "  

	d.  Mr. F____ S____, Sales Manager, states he met the applicant at work.  He has known the applicant for about a year and he saw the applicant was very motivated and focused on hitting his goals.  He always made time for his family.  He could always be counted on to make the sale.

	e.  Mr. C____ M____ states he met the applicant 23 years ago.  He has seen the applicant become not just a family man but an extraordinary father to three of the best behaved and polite children he knows.  He works just as hard at work as he does at being a father.  He gets along with everyone and when he's involved things get done.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.

	b.  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 evidence of record shows the applicant was discharged for a pattern of misconduct.  His commander reported the applicant was cited for numerous offenses.  

2.  The applicant's administrative discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  In addition, the reason and type of discharge directed were appropriate and equitable based on the facts of the case.

3.  The applicant's evidence was reviewed; however, it is insufficient to mitigate the conduct that led to his discharge 

4.  In view of the foregoing, 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 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)                                         AR20120009372



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ABCMR Record of Proceedings (cont)                                         AR20140014681



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