BOARD DATE:  27 August 2015

		DOCKET NUMBER:  AR20150001539 


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 to honorable.

2.  The applicant states, in effect, he was performing duties as an escort noncommissioned officer with the Personnel and Support Battalion, which housed Soldiers who were awaiting discharge.  He worked the night shift and during the shift change there was money allegedly missing from the safe which was found in the back of the safe 2 weeks later.  He was blamed for the incident and got a chapter 10 discharge, but no one contacted him about the mistake.  He has been trying to correct this ever since.  During his military career he never had a negative evaluation report or any kind of disciplinary action taken against him.  He has been a model citizen and a correctional officer.

3.  The applicant provides –

* DD Form 214 (Certificate of Release or Discharge from Active Duty) copies 1 and 4
* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* VA letter, dated 29 December 2008
* DD Form 293 (Application of the Review of Discharge from the Armed Forces of the United States)



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records 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 22 April 1985.  He held military occupational specialty 13B (Cannon Crewmember).  He served multiple reenlistments.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea from 16 December 1986 through 19 April 1989 and from 23 September 1991 through 22 September 1992.  The highest rank/grade he attained was staff sergeant/E-6.

4.  The applicant's discharge processing documentation is not available for review.  His DD Form 214 shows he was separated on 26 August 1996 with a UOTHC discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 in lieu of trial by court-martial.  He had completed a total of 11 years, 4 months, and 5 days of active duty service. 

5.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

   b.  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.

   c.  Paragraph 3-7b states 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.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  Paragraph 2-9 states the ABCMR begins consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The specific facts and circumstances surrounding his discharge are not available for review.  However, his DD Form 214 shows he was administratively discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

2.  The applicant did not provide any evidence to support his assertions.

3.  In the absence of evidence to the contrary, the discharge process must be presumed to have been in accordance with applicable law and regulations.

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)                                         AR20100027085



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ABCMR Record of Proceedings (cont)                                         AR20150001539



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