IN THE CASE OF:	

		BOARD DATE:	    27 October 2015

		DOCKET NUMBER:  AR20150003513 


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, through his Representative in Congress, requests, in effect, that his reason and authority for discharge be changed.

2.  The applicant states:

* he never had any problems with civilian or military police
* he never had problems paying his bills
* he never borrowed money and he has never been in trouble

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 (RA) on 8 April 1976 in pay grade E-1.  He completed training as a light weapons infantryman and was promoted through the ranks to pay grade E-4.

3.  He was honorably discharged on 10 December 1978 for the purpose of immediate reenlistment.  He reenlisted in the RA on 11 December 1978.

4.  The applicant was counseled on 25 November 1981 for failure to prepare for re-inspection.  

5.  On 30 November 1981, the applicant accepted nonjudicial punishment (NJP) for failure to go to his appointed place of duty from 12 November until 17 November 1981.

6.  The applicant was barred from reenlistment on 1 February 1982.  The commander cited the applicant's failure to comply with instructions, failure to report for duty, disobeying a lawful order, failure to repair, and being absent without leave (AWOL) as the basis for the bar to reenlistment.

7.  On 18 March 1982, the applicant accepted NJP for being AWOL from 21 January until 5 March 1982.

8.  The applicant's official military record contains a letter to his commander from a representative of a place by the name of "Southern Bell" stating that the applicant had an account which was in collections for an outstanding amount of $193.48.  Also in his official record are two statements of individuals from which he borrowed money and failed to pay back.

9.  On 18 March 1982, the applicant was notified that he was being recommended for discharge for misconduct – frequent incidents of a discreditable nature with civil or military authorities, and for an established pattern of showing dishonorable failure to pay just debts.  He acknowledged receipt of the notification.  After consulting with counsel, he elected not to submit a statement in his own behalf.

10.  The appropriate authority approved the recommendation for discharge on 8 May 1982 and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate.  On 13 May 1982, the applicant was discharged under the provisions of Army Regulation 635-200, paragraphs 14-33b(1) and 
14-33b(3), for misconduct – frequent incidents of a discreditable nature with civil or military authorities, and for an established pattern of showing dishonorable failure to pay just debts.  He completed 3 years, 3 months, and 14 days of net 
active service this period.  He received an Under Other Than Honorable Conditions Discharge Certificate.  He also received a "JKA" separation program designator (SPD) code.

11.  On 6 June 1984, the Army Discharge Review Board denied the applicant's request for a change of his reason and authority for discharge and for an upgrade of his discharge.  On 16 August 2011, this Board denied his request for an upgrade of his discharge to one that is more favorable.

12.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.

13.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD codes to be used for these stated reasons.  The SPD code of "JKA" applies to individuals discharged for misconduct – pattern of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, his contentions are not supported by the evidence of record.

2.  The evidence of record shows he accepted NJP for failure to go to his appointed place of duty from 12 November until 16 November 1981.  He accepted NJP for being AWOL from 21 January until 4 March 1982.  He was also counseled for failure to prepare for re-inspection.

3.  The evidence of record also shows his commander received a letter from a representative of a place by the name of "Southern Bell" stating that he had an account which was in collections for an outstanding amount of $193.48.  Also in his official record are two statements of individuals from which he borrowed money and failed to pay back.

4.  Clearly the applicant did have frequent incidents of a discreditable nature with military authorities and he did have an established pattern showing dishonorable failure to pay just debts.

5.  The applicant has not shown that there is an error or injustice in his reason and authority for 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)                                         AR20150003513





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ABCMR Record of Proceedings (cont)                                         AR20150003513



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