- IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150006688 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150006688 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150006688 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 upgrade of his under other than honorable conditions discharge to an honorable discharge. 2. The applicant states his discharge was inequitable based on an incident that occurred after his honorable service in combat. He earned two bronze stars in the first Gulf War and as a result, he now has post-traumatic stress disorder (PTSD). He is in the process of filing a claim for that now. He entered the U.S Army Reserve (USAR) after the fact and he was honorably discharged at the conclusion of his period of service. 3. The applicant provides no additional 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. On 10 July 1990, the applicant enlisted in the Regular Army. 3. On 6 January 1992, he was reported by his unit as absent without leave (AWOL). On 5 February 1992, he was dropped from the rolls of the Army. 4. On 26 February 1992, he surrendered to military authorities and he was returned to military control. 5. On 5 March 1992, court-martial charges were preferred against him for being AWOL from on or about 6 January 1992 through on or about 26 February 1992. 6. On 24 March 1992, counsel advised him of the basis for his contemplated trial by court-martial and the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), of the possible effects of an under than honorable conditions discharge, and of the procedures and rights available to him. 7. After consulting with counsel, he requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He acknowledged he understood that if his discharge request was approved, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration (VA), and he could be deprived of his rights and benefits as a veteran under both Federal and State laws. He declined to submit a statement in his own behalf. 8. On 27 July 1992, the separation authority approved his request for discharge and directed his service be characterized as under other than honorable conditions. 9. On 8 October 1992, he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he served in Southwest Asia from 25 January 1991 through 2 April 1991. It further shows he was authorized the Southwest Asia Service Medal with 2 bronze service stars; however, it does not indicate he was awarded the Bronze Star Medal. 10. His record is void of any evidence and he did not provide any evidence that shows he was ever diagnosed with or treated for PTSD, PTSD-related symptoms, or any other mental disorder either while serving in the Army or subsequent to his period of service. 11. His record is void of any evidence that shows he served in and was honorably discharged from the USAR. 12. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. 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. c. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must have included the individual’s admission of guilt. Although an honorable discharge or general discharge was authorized, a discharge of under other than honorable conditions was normally considered appropriate. DISCUSSION: 1. The applicant's request for upgrade of his under other than honorable conditions discharge to an honorable discharge was carefully considered. 2. The applicant contends his under other than honorable conditions discharge resulted from misconduct that resulted from combat-incurred PTSD. However, his record is void of any evidence and he has not provide any evidence that shows he was ever diagnosed with or treated for PTSD, PTSD-related symptoms, or any other mental condition while serving in the Army or subsequent to his period of service. 3. The applicant further contends he entered the USAR after the fact and he was honorably discharged at the conclusion of his period of service. However, his record is void of any evidence that supports this contention. 4. The evidence of record shows he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. 5. The evidence of record shows he was properly and equitably discharged in accordance with the regulations in effect at the time. There is no indication of procedural errors that would have jeopardized his rights. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. His discharge accurately reflects his overall record of service. Accordingly, there is no basis for granting the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150006688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150006688 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2