IN THE CASE OF:  

		BOARD DATE:  21 July 2015

		DOCKET NUMBER:  AR20140021412 


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 correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 does not show a "precise form" for character of service for his under honorable conditions discharge.

3.  The applicant provides a copy of his DD Form 214.

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 15 February 1983.  He held military occupational specialty 46N (Pershing Electrical Mechanical Repairer).  

3.  On 29 January 1991, the applicant's immediate commander notified him of his intent to initiate separation action against his in accordance with Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, for misconduct.  He cited the applicant's field grade nonjudicial punishments (NJP), under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for operating a motor vehicle while drunk on 1 November 1990 and for drunk driving on 22 July 1989.  He recommended a general discharge.

4.  The applicant acknowledged receipt of the commander's intent to separate him.  He subsequently consulted with legal counsel and he was advised of the basis for the contemplated separation action for misconduct, the type of discharge he could receive, the possible effects of this discharge, and the procedures and rights available to his.  He further indicated he understood he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to his and he could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of a discharge under other than honorable conditions. He waived consideration of his case by a board of officers and personal appearance before the board contingent upon his receiving a characterization of service or description of separation no less than General under honorable conditions.  He indicated he would submit a statement on his own behalf. 

5.  Subsequent to this acknowledgement, the immediate commander initiated separation action against his under the provisions of paragraph 14-12b of AR 635-200.  The commander listed the applicant's record of disciplinary action including two Field Grade NJPs.

7.  Consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge and directed issuance of a General Discharge Certificate.  

8.  The applicant was accordingly discharged on 20 February 1991 for misconduct.  He had completed 8 years and 6 days of active duty service.  His DD Form 214 shows in item 24, "Under Honorable Conditions." 

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The regulation shows for item 24 that characterization or description of service is determined by directives authorizing separation.  Proper completion of this block is vital since it affects the Soldier's eligibility for post-service benefits.  Only six standard characterizations in this block are authorized:

	a.  Honorable.

	b.  Under Honorable Conditions (General).

	c.  Under Other than Honorable Conditions.

	d.  Bad Conduct.

	e.  Dishonorable.

	f,  Uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a more precise entry in item 24 of his DD Form 214.

2.  The evidence of record shows the applicant was discharged for misconduct under the provisions of AR 625-200, chapter 14.  The separation authority directed issuance of a General Discharge Certificate.

2.  The applicant's DD Form 214 shows in item 24, "Under Honorable Conditions."

3.  The governing regulation shows the correct entry in item 24 for a general discharge is "Under Honorable Conditions (General)."

4.  The applicant's request should be granted and his DD Form 214 changed accordingly.




BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by deleting the entry in item 24 of his DD Form 214 and replacing it with, " Under Honorable Conditions (General)."



      ______ _   _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)                                         AR20140003188



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ABCMR Record of Proceedings (cont)                                         AR20140021412



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