IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150007656 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 under honorable conditions to an honorable discharge. 2. The applicant states: * he needs an upgrade of his discharge for membership eligibility with the United Services Automobile Association (USAA) and its insurance, banking, investment, and other companies * he has never had a problem with educational or health benefits related to his general discharge 3. The applicant provides: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 12 March 2015 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 September 1993 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 17 February 1972. 3. On 19 December 1972, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for dereliction of duty on or about 6 December 1972. 4. On 20 March 1973, he accepted NJP under the provisions of Article 15, UCMJ, for being absent without leave (AWOL) on or about 13 March 1973. His NJP included a 60-day suspended reduction in rank/grade from private first class (PFC)/E-3 to private (PVT)/E-2, 2 weeks of extra duty, 1 week of restriction, and a fine of $25.00 for 1 month. 5. On 4 April 1973, his suspended reduction to E-2 was vacated. 6. On 4 June 1973, he accepted NJP under the provisions of Article 15, UCMJ, for being AWOL on or about 3 June 1973. 7. On 16 July 1973, he was counseled and advised that future misbehavior could result in his discharge from the service. 8. On 20 July 1973, he was counseled on his poor duty performance and being AWOL from his place of duty. He was advised that he was heading for trouble. He was observed for 2 weeks and reported as being a continued disciplinary and motivational problem. 9. On 23 July 1973, he accepted NJP under the provisions of Article 15, UCMJ, for being AWOL on or about 4 July 1973 until on or about 10 July 1973 and disobeying an order. He received a 30-day suspended reduction in rank/grade from PVT/E-2 to PVT/E-1, forfeiture of $75.00 pay for 1 month, 10 days of extra duty, and 10 days of restriction. 10. On 27 July 1973, his suspended reduction to PVT/E-1 was vacated. 11. On 9 August 1973, he was counseled for being AWOL and advised that discharge proceedings were being considered. He was observed for 2 weeks and reported as being a continued problem. 12. On 20 August 1973, he was counseled on his unsatisfactory duty performance and being AWOL. He was warned that one more instance of misbehavior would result in serious consideration of his elimination. He was observed for 2 weeks and reported as showing no improvement. 13. On 28 August 1973, he accepted NJP under the provisions of Article 15, UCMJ, for making a false statement with intent to deceive on or about 23 August 1973. 14. On 4 September 1973, his commander notified him he was initiating action to separate him for unsuitability under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). His commander advised him of his rights. 15. On 6 September 1973, the applicant consulted with counsel who advised him of the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights. 16. On 6 September 1973, he was found to meet medical retention standards, to be responsible for his actions, able to distinguish right from wrong, able to adhere to the right, and able to understand and participate in board proceedings. 17. On 14 September 1973, the separation authority waived a rehabilitative transfer and approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13. He directed the issuance of a General Discharge Certificate. 18. On 27 September 1973, he was discharged accordingly. His DD Form 214 shows he completed 1 year, 7 months, and 11 days of creditable active military service. 19. He provided a copy of his DD Form 214 and a DD Form 293 wherein he requested an upgrade of his general discharge under honorable conditions. However, 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. 20. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 13, in effect at the time, set forth the basic authority for separation of enlisted personnel for unfitness or unsuitability. When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. b. 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. 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 request for an upgrade of his general discharge under honorable conditions for USAA membership eligibility was carefully considered. 2. His records reveal an extensive history of misconduct that included at least five instances of NJP, two periods of AWOL, and unsatisfactory performance. Accordingly, his chain of command initiated separation action against him. 3. The evidence shows he was properly and equitably discharged in accordance with regulatory guidance. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. 4. In view of the aforementioned evidence, there is no basis for granting the requested relief. 5. The ABCMR does not grant requests for discharge upgrades solely for the purpose of making an applicant eligible for benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her character of service. Any questions regarding eligibility for veterans' benefits should be addressed to the entity granting the benefits. 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 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) AR20150007656 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007656 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1