BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140015845 


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 that his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states that he was a kid and should not be plagued by this mark for the rest of his life.  Since his discharge he has been diagnosed with Post-Traumatic Stress Disorder (PTSD) and proven to have been very negatively affected by his time in the service.  His symptoms also include mental [health issues] and alcoholism.  He was a kid and kids don't realize the wrongs they do and how to handle situations they are not used to.  He is an adult male who was impacted negatively all his young life because of this mark and he believes that he has suffered enough.

3.  The applicant provides no additional evidence.

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.  On 12 June 1990, the applicant enlisted in the Regular Army at almost 21 years of age.  He completed his initial training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  The applicant's medical records are not available for review; however, his record contains a DA Form 3822-R (Report of Mental Status Evaluation), dated 
2 May 1991, which shows he was found to have the mental capacity to understand and to participate in the proceedings and that he met retention requirements.

4.  On 12 July 1991, the applicant was notified by his commander that action was being taken to separate him under the provisions of Army Regulation 635-200, chapter 14 for patterns of misconduct with a recommendation for a general discharge.  The reasons cited were:

* failing to go to extra duty (Summary Court-Martial) 
* breaking restriction (Article 15)
* overindulgence of intoxicating liquor while on duty on two separate occasions (2 Article 15's)
* counseled eight times for failing to report to duty or formation and once for disrespecting a noncommissioned officer

5.  The notification advised him of his rights to consult with counsel, to present his case before a board of officers, and to submit statements in his own behalf.  He did not submit any statement.

6.  On 16 July 1991, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 14-12b, for patterns of misconduct, and directed he be given a general discharge.

7.  On 1 August 1991, the applicant was accordingly discharged.  He had completed a total of 1 year, 1 month, and 20 days of creditable active duty service.

8.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.

9.  His record is void of diagnoses for PTSD or alcoholism.


10.  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 commission of a serious offense.

	b.  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.

	c.  This regulation further provides that misconduct is considered a commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely-related offense under the Uniform Code of Military Justice.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge should be upgraded to honorable.

2.  Records show that the applicant was approximately 21 years of age at the time of his first offense and the fact that he was young is noted.  However, there is no indication that he was any less mature than other Soldiers of the same age who successfully completed military service.

3.  The evidence of record confirms his discharge was based on his repeated acts of misconduct.  The evidence also confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.

4.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

5.  In view of the foregoing, his request should be denied.


j
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)                                         AR20140015845





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140015845



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1