IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004886 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 the characterization of his service. 2. The applicant states he was dependent on alcohol at the time, the military did not offer counseling, and he did not realize the severity of the disease. He requests upgrade of his discharge from general (under honorable conditions) to an honorable discharge. 3. The applicant provides no documentary 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 (RA) on 25 June 1971 for a period of 3 years. Upon completion of training he was awarded military occupational specialty 11E (Armor Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows in item 28 (Specialized Training) continued in item 45 (Item Continuation): Drug Abuse, 4 January 1972. 4. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably discharged on 1 July 1973 to reenlist in the RA. He had completed 2 years and 7 days of net active service this period that included 1 year, 6 months, and 16 days of foreign service. 5. The applicant reenlisted in the RA on 2 July 1973 for a period of 5 years. 6. He accepted nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ), Article 86, for, on 10 March 1975, failing to go at the time prescribed to his appointed place of duty. 7. On 3 December 1976, court-martial charges were preferred against the applicant for violation of the UCMJ, Article 86, for being absent without leave (AWOL) from 20 May 1976 to 2 December 1976. 8. On 3 December 1976, the applicant consulted with legal counsel. He was informed of the charges against him for violating the UCMJ and that he was pending trial by court-martial. He was advised of the rights available to him and of the option to request discharge for the good of the service in lieu of trial by court-martial. 9. On 9 December 1976, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. By submitting his request for discharge he acknowledged that he was guilty of the charge against him or of a lesser included offense therein contained, which also authorized the imposition of a bad conduct or dishonorable discharge. The applicant's request for discharge states he was not subjected to coercion with respect to his request for discharge. a. He was advised that he might be: * deprived of many or all Army benefits * ineligible for many or all benefits administered by the Veterans Administration * deprived of his rights and benefits as a veteran under both Federal and State laws b. He acknowledged he understood that, if his request for discharge was accepted, he might be discharged under other than honorable conditions and be furnished an Undesirable Discharge Certificate. c. He was also advised that he could submit statements in his own behalf and he elected to submit a statement in his own behalf. d. The applicant and his counsel placed their signatures on the document. e. The applicant's signed statement reads, "I [applicant's name] request a discharge for the good of the service. I entered the service because I had nothing else to do. I went AWOL because I could not work with the people I was supposed to and I was just fed up with the way I was treated by the Army. My feelings toward the Army are that I cannot help the Army and I want no help from them. I want out of the Army because I cannot coupe [sic] with their ways and personnel. If I were returned to duty, I would go AWOL again. I understand that I lose all benefits including headstone marker, loans, and burial flag. I understand what an undesirable discharge is and I will accept one." 10. His chain of command recommended approval of his request for discharge with the issuance of an Undesirable Discharge Certificate. 11. The separation authority approved the applicant's request for discharge, reduced him to the lowest enlisted grade, and directed that his service be characterized as under other than honorable conditions with an Undesirable Discharge Certificate. 12. The applicant's DD Form 214 (Report of Separation from Active Duty) shows he entered active duty this period on 2 July 1973 and he was discharged on 15 March 1977 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial, with an under other than honorable conditions character of service. He had completed 3 years, 1 month, and 29 days of net active service during this period that included 2 years, 4 months, and 22 days of foreign service with 195 days of time lost (AWOL). 13. A review of the applicant's military personnel records failed to reveal any evidence that the applicant applied to the Army Discharge Review Board for review of his discharge within its 15-year statute of limitations. 14. Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides 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, a discharge under other than honorable conditions (UOTHC) is normally considered appropriate. b. Chapter  3, 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. c. Chapter 3, 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 applicant's contention that his general discharge should be upgraded to an honorable discharge because he was dependent on alcohol and not offered counseling was carefully considered. 2. Records show the applicant received an honorable discharge for the period of service from 25 June 1971 through 1 July 1973. 3. Records also show he was issued an Undesirable Discharge Certificate with an UOTHC character of service for the period 2 July 1973 through 15 March 1977. a. There is no evidence of record, and the applicant offers insufficient evidence, that shows the character of his service during this period (above) was upgraded to general, under honorable conditions. b. As such, the applicant's case is being reviewed based on the evidence of record that shows he was issued an Undesirable Discharge Certificate with an UOTHC character of service. 4. The evidence of record shows the applicant completed a specialized training course on Drug Abuse. During the period of service under review, the Army's Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) was available (through self-referral or command-referral) to Soldiers in need of ADAPCP counseling services. In addition, in his statement that accompanied his request for discharge, the applicant stated that he did not want any help from the Army. Thus, his contention that he was not offered or provided counseling with regard to any ADAPCP issues he might have had appears disingenuous. 5. The evidence of record shows the applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial was both voluntary and administratively correct. All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 6. During the period of service under review, the applicant received NJP; he acknowledged his guilt to violation of the UCMJ, Article 86; he was reduced to grade E-1; and he had a total of 195 days of time lost. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. His misconduct also renders 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) AR20150004886 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004886 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1