BOARD DATE:  24 September 2015

		DOCKET NUMBER:  AR20150002895 


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 discharge.

2.  The applicant states:

   a.  His parents had been divorced most of his life at the time of the incidents that lead to his discharge.  His father was an alcoholic and had a roving eye.  His mother could not continue to live in that situation.  He spent most of his childhood bouncing back and forth between his parents' households.  He realizes that in 2015, divorce is a relatively common story; the statistics are rising, and the number of 'broken' homes are almost surpassing the number of homes that have not experienced divorce.  Today, his story would not even register as an oddity, but at the time, divorce was almost unheard of.  

   b.  As a young boy, it was confusing and hard to deal with.  As a young man, he started to emulate his father and his life took a turn for the worse.  He began to experiment with drugs and alcohol and skirted the law on a regular basis.  His high school principal, a veteran himself, pulled him aside one day and informed him that he was aware of his exploits.  His principal believed his life was not going to end up in a good place and strongly suggested he join the military. 

   c.  He enlisted in the Army in 1977 at the age of 17.  His mother signed for him to enter the delayed entry program.  He was originally scheduled to travel to Hawaii for basic training and advanced individual training.  Unfortunately, before that took place, he was once again on the wrong side of the law and he entered earlier than originally anticipated.  He went to Fort Sill, Oklahoma instead; immediately after graduation, he was sent to Korea.  At the time, the accepted drinking age was 18; he began to drink to excess and pay the local ladies for sexual favors.  During one such incident, he and the young lady could not agree on a price and she kicked him out of her domicile.  He was then in violation of the curfew.  Thus began his descent into a pattern of destruction that eventually led to his arrest for public drunkenness in Texas.  He was arrested and held for 
24 hours; as it so happened, this was just long enough for him to fail to report for duty the next day.  His commander threatened to list him as absent without leave (AWOL) and gave him an Article 15.  He was discharged from the Army almost before the ink was dry.  It took him a few more years, but he finally matured and turned his life around.

   d.  He realizes his behavior was mostly the result of him failing to understand his father's behavior was not to be used as a moral compass.  As a young boy, leaving the only situation he'd ever known and being sent to a remote location in a foreign land with rules and accepted practices such as he's never before experienced, it was difficult to hold firm to a morally upright life.  Surrounded by temptation of all kinds and fewer good role models, he chose the kind of life that eventually led to this petition for the Board to consider upgrading his discharge.  A poor discharge status is a blight on a man's character, and now as a man and not a child, he finally understand this.

3.  The applicant provides no additional evidence in support of his request.

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 1977.  He attended and completed one station unit training (OSUT) at Fort Sill, Oklahoma.  Upon his completion of OSUT, he was awarded military occupational specialty 13B (Cannon Crewmember) and was reassigned to 1st Battalion, 38th Field Artillery Regiment, 2nd Infantry Division, in the Republic of Korea.  

3.  He served in the Republic of Korea from on or about 31 May 1977 through
20 May 1978.

4.  He was promoted to the rank/grade of private (PV2)/E-2 on 15 August 1977, and to the rank/grade of private first class (PFC)/E-3 on 1 February 1978.  

5.  He was reassigned to 1st Battalion, 77th Field Artillery Regiment, 1st Cavalry Division, at Fort Hood, Texas on 5 July 1978.

6.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 1 January 1979.

7.  His record shows he accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following occasions:  

* on 5 April 1979, for operating a motor vehicle while intoxicated, on or about 18 March 1979
* on 8 May 1979, for absenting himself from his appointed place of duty, on or about 4 May 1979
* on 28 June 1979, for absenting himself from his appointed place of duty, on or about 12 June 1979, and for sleeping on guard duty, on or about   21 June 1979

8.  In accordance with the punishments imposed upon him under Article 15 of the UCMJ, he was reduced in rank/grade from SP4/E-4 to PFC/E-3 on 6 April 1979, from PFC/E-3 to PV2/E-2 on 11 May 1979, and from PV2/E-2 to PVT/E-1 on     28 June 1979.

9.  His immediate commander initiated his bar to reenlistment on 1 June 1979, citing the applicant's numerous instances of NJP, adverse counseling, and arrests by civilian authorities for driving while intoxicated.  The applicant acknowledged the bar to reenlistment and declined to submit a statement in his own behalf.  The approval authority approved his bar to reenlistment on 5 June 1979.  

10.  The specific facts and circumstances surrounding his discharge processing are not available for review with this case.  However, his DD Form 214 (Report of Separation from Active Duty) shows he was discharged on 7 August 1979, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-33b(1), by reason of misconduct for frequent incidents of a discreditable nature with civil or military authorities.  He was credited with serving 2 years, 5 months, and 23 days of total active service.  He was discharged in the rank/grade of PVT/E-1, and he was given an under other than honorable conditions discharge.  

11.  There is no evidence the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

12.  Army Regulation 635-200 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.
   
   c.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  Upon determination that a member is to be separated with a discharge under other than honorable conditions, the approving authority will direct reduction to the lowest enlisted grade.
   
DISCUSSION AND CONCLUSIONS:
1.  The applicant's request for an upgrade of his under other than honorable conditions discharge was carefully considered.

2.  His record is void of the complete facts and circumstances surrounding his discharge.  However, his DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-33b, for misconduct involving frequent incidents of a discreditable nature, and he was given an under other than honorable conditions discharge.

3.  In the absence of evidence to the contrary, it is presumed his separation processing was accomplished in compliance with applicable regulations with no indication of procedural errors that would have jeopardized his rights.

4.  His revelations regarding his youth and post-service maturation are  noted and commendable.  However, during 2.5 years of active service he benefitted from numerous chances to adopt the military lifestyle, which he was unable to do.
He demonstrated he could not or would not meet acceptable standards required of enlisted personnel, as evidenced by his numerous instances of NJP and bar to reenlistment.  Based on his overall record, his service clearly did not meet the standards of acceptable conduct for Army personnel.  This misconduct rendered his service unsatisfactory.  

5.  In view of the foregoing, there is an insufficient basis to grant relief in this case.

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)                                         AR20110020370



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ABCMR Record of Proceedings (cont)                                         AR20150002895



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