IN THE CASE OF: BOARD DATE: 15 January 2015 DOCKET NUMBER: AR20140004332 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, in effect, he failed to request a change to the type of discharge he received. 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 26 June 1990. He completed training as a medical specialist. 3. On 9 October 1992, the applicant was ordered by the District Court of El Paso to contact the Community Service Program, Colorado Springs, Colorado, having been charged with theft. He was further ordered to abide by the terms and conditions of the program. He was told that failure to either report to or to successfully complete the program may result in a bench warrant being issued for his arrest. He was ordered to 2 years of supervised probation and 120 hours of community service. 4. On 11 December and 14 December 1992 the applicant was counseled for abusing his spouse and for his performance of duty. He was told that he had established a pattern of misconduct and that if it continued he would be eliminated from the service under the provisions of Army Regulation 635-200. He was told that he could receive a general discharge or a discharge under other than honorable conditions. 5. On 15 December 1992, the Records Management Office at Evans Community Hospital, Fort Carson, Colorado, was requested to produce medical records. The Chief Trial Counsel stated that a general court-martial, an administrative elimination action, or investigation had been directed in the case of the United States v. G_____ and the applicant. He states that the records were required to be presented to the trial counsel for preparation and evidence in the subject investigation. 6. On 5 January 1993 the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, paragraph 14-12c for misconduct – commission of a serious offense. The commander stated the reason for his proposed action was due to assault consummated by battery. The applicant acknowledged receipt of the notification and he elected not to submit a statement in his own behalf. 7. The appropriate authority approved the recommendation for discharge and directed the issuance of a general discharge. On 13 January 1993, the applicant was discharged accordingly. He completed 2 years, 6 months, and 18 days of net active service this period. 8. The available evidence does not show the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge. 9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. However, he has not shown error or injustice in the type of discharge he received. 2. The evidence of record shows he was counseled for assaulting his wife and he had been placed on 2 years of court-ordered probation for theft. A discharge under other than honorable conditions would normally have been appropriate. However, the separation authority directed the issuance of a general discharge. 3. The type of discharge he received was generous based on his overall record of service. 4. 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) AR20140004332 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004332 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1