IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005018 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 his general discharge (GD) be upgraded to an honorable discharge. 2. The applicant states he does not believe there was an error or injustice at the time he was discharged. He served honorably during training and in Vietnam. He would like to have his discharge upgraded because he is of retirement age and needs assistance getting insurance. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 19 July 1969, completed training, and was awarded military occupational specialty 63B (Vehicle Mechanic). 3. He served in Vietnam from 20 December 1969 through 19 December 1970. 4. The applicant left his unit in an absent without leave (AWOL) status from 2 May 23 August 1971. 5. On 3 November 1971, after consulting with counsel and being advised of his rights and options, the applicant submitted a formal request, under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 10, for discharge for the good of the service (in lieu of trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge). He acknowledged he understood if his request was accepted, he could receive a discharge under other than honorable conditions and be furnished an undesirable discharge certificate. He also acknowledged that he understood such a discharge could deprive him of many or all benefits as a veteran under both State and Federal laws, and that he could expect to experience substantial prejudice in civilian life if he received an undesirable discharge. 6. His chain of command noted he had 2 years of honorable service and service in Vietnam and recommended he receive a GD. 7. On 4 November 1971, the discharge authority approved the applicant’s request and directed the issuance of a GD. 8. The applicant was discharged on 8 November 1971 with a GD. His DD Form 214 shows 1 year, 11 months, and 19 days of creditable service with 114 days of lost time. His awards are shown as the National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It provides the following: a. An honorable discharge is a separation with honor. The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty. b. A GD is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge. c. An under other than honorable conditions discharge is issued when there are one or more acts or omissions that constitute a significant departure from conduct expected of a Soldier. d. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. An under other than honorable conditions discharge is normally considered appropriate. DISCUSSION AND CONCLUSIONS: 1. The applicant’s discharge proceedings were conducted in accordance with applicable law and regulations at the time. His character of service is commensurate with the offenses for which he was discharged and his overall record of military service. 2. Entitlement to insurance benefits is not within the purview of this Board nor is it normally considered a basis for granting relief. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 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) AR20150005018 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005018 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1