IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150011585 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150011585 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to show the entry "Continuous Honorable Active Service from 830831 to 850730." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading his under other than honorable conditions discharge. ____________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: 9 June 2016 DOCKET NUMBER: AR20150011585 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, in effect, an upgrade of his discharge under other than honorable conditions to a general discharge and/or correction of his record to show he had honorable service during his first enlistment. 2. The applicant states: a. He was stationed in Germany and he became an alcoholic. b. He requested help with substance abuse after he was transferred to Fort Carson. c. The issue was ignored by his battalion commander and his first sergeant. d. He went absent without leave (AWOL) for 30 days on the advice of his section chief and he turned himself in on the 31st day requesting help with alcoholism. e. He was a good Soldier; however, he was chaptered out of the Army. 3. The applicant provides a self-authored statement, dated 27 June 2015 and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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) for 2 years on 31 August 1983. He completed training as a fire support specialist. He reenlisted in the RA for 6 years on 31 July 1985. 3. On 19 December 1985, he accepted nonjudicial punishment (NJP) for failure to go to his appointed place of duty. 4. The applicant went AWOL from 24 January to 17 March 1986 until he surrendered to military authorities. 5. The complete facts and circumstances pertaining to the applicant's discharge are not available. His DD Form 214 shows he was discharged on 20 May 1986, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. He completed 2 years, 6 months, and 28 days of net active service this period. He also had 51 days of lost time. He was discharged under other than honorable conditions. 6. A review of the available records does not show the applicant ever petitioned the Army Discharge Review Board for an upgrade of his discharge. 7. The applicant provides a self-authored statement reiterating the contentions he made in his application. In this statement he further contends: a. While he was in Germany he discovered he was gay and he was drunkenly raped by his roommate, which he has never told anyone. b. He loved his job until he was transferred to Fort Carson, Colorado. There was no mission and he had an abundance of free time. Having no structure and no responsibilities, he fell deep into alcoholism. c. After his first day of being AWOL, he begged his first sergeant to give him a job. He needed the structure, as he could not handle all of the free time. d. At the point that he realized nobody cared, he just quit going onto the post. After 2 weeks, his sergeant came to his house to get his gas mask. After he talked to the sergeant, he was advised to stay gone for 31 days and turn himself in at the Military Police Station. He was told that after 30 days, he would be dropped from the unit and he would have a chance to be reassigned. e. He turned himself in on the 31st day. He was released and told to report every day to the personnel control facility until they decided what to do. f. When he talked to the major who was to determine his fate, he told the major that he was an alcoholic and gay. He begged the major to get him some help, but he was later chaptered out of the Army. g. He was a good Soldier who did as he was ordered to do. h. He completed his first period of enlistment and he desires an honorable discharge for that period of service. i. He has not had a drop of alcohol in over 10 years. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides 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 at any time after court-martial charges were preferred. Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service. Consulting counsel would advise the member concerning the elements of the offense or offenses charged, the type of discharge normally given under the provisions of this chapter, the loss of veterans' benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge. A discharge under other than honorable conditions would normally be furnished to an individual who was discharged for the good of the service. b. 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. 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states: a. Item 18 (Remarks) will be used for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for other entries; and b. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service From (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment).” Then, enter the specific periods of reenlistments as prescribed above. DISCUSSION: 1. There is no evidence in the available record and the applicant has not provided any evidence to substantiate any of his contentions of alcohol dependency, rape, or that he was advised to go AWOL by his chain of command. 2. The available record shows he accepted NJP for failure to go to his appointed place of duty. Then he went AWOL from 24 January to 17 March 1986 until he surrendered to military authorities. 3. The applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial and absent any evidence to the contrary, it is presumed that the actions taken by the Army in his case were correct. 4. However, the applicant did complete his initial period of active duty honorably. This information may be added to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011585 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011585 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2