IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004868 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 undesirable discharge to an honorable discharge. 2. The applicant states at that time his father died and, due to the loss of his father's income, his mother was going to lose her home. He tried to get a hardship discharge to be able to return home to help his mother and went to his sergeants, company commander, and chaplain for help but not one would help him. He thought going absent without leave (AWOL) was the answer and felt he had no other choice. He was only 17 years old and he made a mistake. He thought he could help his mother but it was too late to help her. He ended up homeless with no money or job. She lost the house and he ended up with nothing. Since then, he has raised a family, volunteered in his community, and worked hard. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a death certificate, four statements of support, and a letter dated 25 February 2015. 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 provides a death certificate that shows his father died on 2 September 1961. He enlisted in the Regular Army on 30 March 1964 for a period of 3 years when he was 19 years, 1 month, and 18 days old. He completed basic training and on 19 June 1964 he was assigned to Fort Sill, OK, for advanced individual training (AIT). 3. On 24 October 1964, he was reported as AWOL from his assigned unit. On 22 November 1964, he was dropped from the rolls as a deserter. On 2 December 1964, he was apprehended by civilian authorities and returned to military control at Fort Devens, MA. He was assigned to the Special Processing Detachment, Fort Devens, and confined pending court-martial charges. 4. On 31 December 1964, he was convicted by a summary court-martial of one specification of being AWOL from 24 October to 2 December 1964. Part of the punishment imposed was 30 days in confinement. After his confinement, he remained assigned to the Special Processing Detachment, Fort Devens, pending assignment instructions. 5. On 20 January 1965, he was reported in an AWOL status. On 22 January 1965, he was apprehended by civilian authorities and returned to military control at the Special Processing Detachment, Fort Devens, and confined pending court-martial charges. 6. On 2 February 1965, he was convicted by a summary court-martial of one specification of being AWOL from 20 to 22 January 1965. Part of the punishment imposed was 21 days in confinement. 7. On 3 February 1965, he was reported as AWOL from his assigned unit. On 4 February 1965, he was apprehended by civilian authorities and returned to military control at the Special Processing Detachment, Fort Devens, and confined pending court-martial charges 8. On 3 March 1965, he was convicted by a summary court-martial of one specification of being AWOL from 3 to 4 February 1965. Part of the punishment imposed was 1 month in confinement. 9. On 12 March 1965, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-208 (Personnel Separations – Discharge – Unfitness and Unsuitability) due to unfitness because of frequent incidents of a discreditable nature with civil or military authorities. 10. On 12 March 1965, he acknowledged receipt of the contemplated separation action and of the procedures and rights available to him. He acknowledged he understood that if he were discharged under conditions other than honorable, he could expect to encounter considerable prejudice in civilian life and he could be ineligible for many or all benefits as a veteran under Federal and State laws. He declined to seek legal counsel, waived consideration of his case before a board of officers, and elected not to submit a statement in his own behalf. 11. His commander subsequently recommended the applicant be discharged under the provisions of Army Regulation 635-208 for unfitness with the issuance of an Undesirable Discharge Certificate. The commander, in part, stated: a. The applicant had been granted every opportunity to respond to military service in a mature and responsible manner. Every effort had been made to help him do so to include counseling by his chain of command, the post chaplain, mental consultation, as well as the minister of his parish, and telephone calls from his mother who was the motivating factor in his continuing to return to military control. b. He had clearly indicated a lack of self control, poor judgment, and had expressed his desire to avoid further military service by any means available. His motivation for service was extremely poor and his rehabilitation potential at that time was nonexistent. It would be in the best interest of the Army if he were separated from the military. 12. On 19 March 1965, the separation authority approved the applicant's separation action and directed the issuance of an Undesirable Discharge Certificate. On 25 March 1965, he was discharged accordingly. 13. The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-208, for unfitness - frequent incidents of a discreditable nature (separation program number 28B) with an undesirable characterization of service. He completed 7 months and 26 days of net active service with 130 days (4 months and 10 days) of lost time due to being AWOL and/or in confinement. 14. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 15. The applicant provides four statements of support, dated between 23 December 2014 and 20 January 2015, wherein friends and co-workers stated the applicant was sociable, compassionate, hardworking, and extremely reliable. 16. Army Regulation 635-208, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability. Paragraph 6a stated, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities or an established pattern of shirking. This regulation prescribed that an individual discharged for unfitness would normally be furnished an undesirable discharge. 17. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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. 18. Army Regulation 635-200, 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant demonstrated he could not or would not meet acceptable standards required of enlisted personnel as evidenced by three courts-martial convictions and being AWOL prior to completing AIT. Accordingly, his immediate commander initiated separation action against him. 2. His discharge action was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reason for discharge were appropriate considering all the facts of the case. 3. The applicant contends that his discharge should be upgraded because he was young and made mistakes at the time of his service. Records show that he was almost 20 years of age at the time of his offenses. However, there is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed military service. 4. Based on the applicant's overall record, his service clearly did not meet the standards of acceptable conduct of duty for Army personnel. His misconduct rendered his service unsatisfactory. 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) AR20150004868 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004868 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1