IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150002049 


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 general discharge to an honorable discharge.

2.  The applicant states:

	a.  He would like to continue his life dream of becoming a police officer.

	b.  He will be attending college and taking law classes and then he will be applying for Officer Recruit School.

	c.  It is his understanding that having a military background with an honorable discharge will be accredited for extra points, which will increase his chances as one of their picks.

	d.  Now that his children are older, he has a chance to make a difference in the city in which he lives.

	e.  He would be willing to give 100 percent in order to achieve his goal and changing his discharge status will do that. 

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.  The applicant enlisted in the Regular Army on 8 February 1990.  He completed training as an administrative specialist.  

3.  On 5 March 1992, the applicant was notified that charges were pending against him for four specifications of uttering bad checks.  He acknowledged receipt of the notification and after consulting with counsel, he submitted a request for discharge for the good of the service in lieu of trial by court-martial.

4.  On 20 March 1992, the appropriate authority approved the applicant's request and directed the issuance of a discharge under other than honorable conditions.

5.  On 6 April 1992, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial.  He completed 2 years, 1 month, and 29 days of net active service this period.  He was discharged under other than honorable conditions.

6.  On 30 November 2007, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge from under other than honorable conditions to general – under honorable conditions.

7.  Army Regulation 635-200 (Enlisted Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  

	a.  Chapter 10 states 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, an undesirable discharge was normally considered appropriate at the time of the applicant’s discharge.

   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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted. 

2.  However, his desire to become a police officer is not sufficiently mitigating to warrant an upgrade of the general discharge he currently holds.  According to the applicable regulation, 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.

3.  The applicant had charges pending against him for uttering numerous bad checks.  He submitted a request for discharge for the good of the service in lieu of trial by court-martial.  The appropriate authority directed the issuance of a discharge under other than honorable conditions.  

4.  The ADRB upgraded the applicant's discharge from under other than honorable conditions to general – under honorable conditions.  He has not shown error or injustice in the characterization of service he currently holds. 

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

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)                                         AR20150002049



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ABCMR Record of Proceedings (cont)                                         AR20150002049



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