BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018502 


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 other than honorable conditions (UOTHC) discharge.

2.  The applicant states he:

* would like to say he served his country with honor and respect before he dies  
* only received a UOTHC discharge because he asked to be discharged after being subjected to wartime
* was unaware that it would affect his entire life
* he wants to receive medical treatment and a veteran’s identification card  

3.  The applicant provides:

* four letters of support
* information relating to his civilian retirement and retirement plan
* Pennsylvania Police Check

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 14 September 1965.  He served in Vietnam from 27 October 1966 to 21 October 1967.  The highest rank/grade he attained was private first class/E-3.

3.  His disciplinary history includes his acceptance of nonjudicial punishment  under the provisions of Article 15, Uniform Code of Military Justice, on six separate occasions for the following offenses:

* 16 February 1966, for being absent without leave (AWOL) from                29 January 1966 to 1 February 1966 
* 11 July 1966, for being AWOL from 5 July 1966 to 8 July 1966
* 2 September 1966, for failure to report to his appointed place of duty on 2 September
* 17 April 1967, for using disrespectful language toward a noncommissioned officer 
* 23 April 1967, for breaking restriction and being AWOL on 20 April 1967 
* 12 January 1968, for being AWOL from 4 January 1968 to 10 January 1968

4.  His DA Form 20B (Insert Sheet to DA Form 20 (Enlisted Qualification Record)) shows he had three convictions by courts-martial for being AWOL on the   following occasions:

* 21 February 1966 to 11 April 1966
* 7 March 1968 to 13 March 1968
* 20 April 1968 to 27 May 1968 

5.  On 10 June 1968, the unit commander notified the applicant of his intent to recommend his separation from the Army under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) for unfitness.  

6.  The applicant consulted with military counsel.  After being advised of the basis for the contemplated separation, its effects, and the rights available to him, he waived consideration of his case by a board of officers, personal appearance before a board of officers, and counsel.
7.  A memorandum, subject:  Mental Hygiene Consultation Service Report, dated 11 June 1968 shows he was evaluated by the MHCS and found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and had the metal capacity to understand and participate in board proceedings.  The report noted that there were no disqualifying mental defects sufficient to warrant disposition through medical channels.  There was no psychiatric disease noted at that time.

8.  On 31 July 1968, the separation authority approved his discharge under the provisions of Army Regulation 635-212.  He directed he received an Undesirable Discharge Certificate.

9.  On 8 August 1968, he was discharged in accordance with the separation authority’s decision.  His DD Form 214 shows he was issued a UOTHC character of service and assigned a Separation Program Number of 28B (Unfitness, frequent involvement in incidents of a discreditable nature with civil or military authorities).  He completed 2 years, 5 months, and 4 days of total active service.
 
10.  A memorandum, subject:  Court Order No. 76-0530 (D.D.C.) dated             23 August 1978, issued by Reserve Component Personnel and Administration Center, St. Louis, MO, dated 12 December 1978 shows that the Army Discharge Review Board (ADRB) reviewed his case and he was not granted an upgrade of his UOTHC discharge.

12.  Army Regulation 635-212, then in effect, set forth the policy for administrative separation for unfitness.  It provided that individuals would be discharged by reason of unfitness when their records were characterized by one or more of the following:  frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction, an established pattern of shirking, and/or an established pattern showing dishonorable failure to pay just debts.  This regulation also prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or an honorable discharge.

13.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.

	a.  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 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.
	b.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for benefits.

2.  The applicant's discharge for unfitness was conducted in accordance with law and regulations in effect at the time.  The characterization of the his discharge was commensurate with the reason for discharge and overall record of military service in accordance with the governing regulations in effect at the time.

3.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  His discharge was appropriate because the quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty by military personnel.

4.  His record of service shows that he had three courts-martial and accepted non-judicial punishment on six occasions.  Therefore, his quality of service was not satisfactory and does not warrant upgrade of his discharge. 

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)                                         AR20140018502



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ABCMR Record of Proceedings (cont)                                         AR20140018502



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