IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150011938 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: 14 July 2016 DOCKET NUMBER: AR20150011938 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 to amend the decision of the ABCMR set forth in Docket Number AR20120013843, dated 19 February 2013. __________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: 14 July 2016 DOCKET NUMBER: AR20150011938 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 reconsideration of his earlier request for an upgrade of his discharge under other than honorable conditions. 2. The applicant states: a.  He helped a fellow veteran and he had to pay a price. b.  His deceased father retired as a helicopter pilot in the rank of lieutenant colonel. c.  He was young and dumb, but a good mechanic, and he turned out to be one of the best mechanics in Kingsport, TN. He even ran the Eastman Chemical Company Employee Service Center and a lot more. d.  He enlisted straight out of high school. He became a real man because of his service in the Army and he did the best he could while he was in. e.  He is now disabled and he cannot survive on disability. Being disabled has put him in a bad slump and he never thought he would have to go through what he is going through. f.  His cousin was a former Congressman for 34 years. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013843 on 19 February 2013. 2. The applicant provides new arguments not previously considered that warrant consideration at this time. 3. The applicant was born on 25 November 1960. He enlisted in the Regular Army on 1 August 1979 at over 18 years of age. 4. His records show his duty status changed from present for duty to confined by civil authorities effective 5 April 1981. He was confined by civil authorities in the Killeen City Jail, Killeen, TX, for excessive speeding and driving while intoxicated. 5. On 9 April 1981, he was released from jail and returned to military control. 6. On 13 May 1981, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for disobeying a lawful order. 7. A DA Form 268 (Report for Suspension of Favorable Personnel Actions), dated 27 July 1981, shows he was picked up by the Killeen Police for possession of marijuana on 26 July 1981 and he was being held in the Killeen City Jail. 8. A  DA Form 268, dated 10 August 1981, shows he was picked up by the Killeen Police Department on 8 August 1981 and jailed for possession of stolen military property. 9. On 21 August 1981, his immediate commander recommended placement of a bar to reenlistment against him. The commander cited his nonjudicial punishment and stated his off-duty performance was a disgrace to the U.S. Army. Additionally, his performance had been borderline in the areas of personal appearance, military bearing, and the desire to adapt to military life. The approving authority subsequently approved the bar to reenlistment and a Bar to Reenlistment Certificate was placed in his records. 10. His records show his duty status changed from present for duty to absent without leave (AWOL) effective 25 August 1981. 11. His records show his duty status changed from AWOL to present for duty effective 13 September 1981. 12. His records show his duty status changed from present for duty to confined by civil authorities effective 16 September 1981. He was confined by civil authorities for failing to appear for court. 13. On 30 October 1981, he was released from jail and returned to military control. 14. His records show his duty status changed from present for duty to confined by military authorities effective 2 November 1981. He was placed in pre-trial confinement. 15. On 21 December 1981, he pled and was found guilty by a special court-martial of the following: * being AWOL from on or about 25 August 1981 until on or about 13 September 1981 * failing to obey a lawful order on or about 24 August 1981 * being drunk and disorderly while in uniform in a public place on or about 24 August 1981 * failing to go at the time prescribed to his appointed place of duty on or about 14 September 1981 16. He was sentenced to reduction to the grade of E-1, confinement at hard labor for 90 days, and forfeiture of $200.00 per month for 4 months. 17. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the U.S. Army Retraining Brigade, Fort Riley, KS, on 29 December 1981. 18. Between 21 January 1982 and 15 June 1982, he was frequently counseled by various members of his chain of command for repeatedly failing to report to his appointed place of duty, failing to obey lawful orders, improperly wearing unauthorized clothing, and failing to follow lawful regulations. 19. On 16 June 1982, he was convicted by a summary court-martial of the following: * violating a lawful general regulation on or about 5 May 1982 by wearing his fatigue uniform off post * wrongfully appropriating a military vehicle on or about 5 May 1982 20. He was sentenced to confinement at hard labor for 30 days and forfeiture of $367.00 for 1 month. 21. His records show his duty status changed from present for duty to AWOL effective 16 June 1982. 22. On 1 July 1982, he surrendered to military authorities and he was returned to military control at Fort Knox, KY. He was subsequently returned to the U.S. Army Retraining Brigade, Fort Riley, KS. 23. On 29 July 1982, his immediate commander notified him of his intent to initiate separation action against him for misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-33b. 24. On 29 July 1982, he acknowledged receipt of the commander's intent to separate him. He consulted with legal counsel and he was advised of the basis for the contemplated separation action, the type of discharge he could receive and its effect on further enlistment, the possible effects of this discharge, and the procedures and rights available to him. He acknowledged he understood he could expect to encounter considerable prejudice in civilian life if he were issued a discharge under other than honorable conditions and he could be ineligible for many or all benefits as a veteran under Federal and State laws. He requested consideration of his separation action by a board of officers. 25. On 27 August 1982, a board of officers convened and after reviewing the applicant's records, hearing testimony from witnesses and the applicant, and reviewing the facts and circumstances surrounding the separation action, the board determined the applicant's misconduct was evidenced by the numerous discreditable incidents he had been involved in and recommended his discharge with issuance of an Under Other Than Honorable Conditions Discharge Certificate. 26. On 2 September 1982, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 14-33b(1), for misconduct and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate. 27. On 9 September 1982, he was discharged accordingly. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-33b, by reason of misconduct – frequent involvement in incidents of a discreditable nature with civil or military authorities. His service was characterized as under other than honorable conditions. He completed 2 years, 7 months, and 27 days of net active service with lost time due to AWOL and confinement during the periods: * 5 April 1981 to 8 April 1981 * 25 August to 12 September 1981 * 16 September 1981 to 20 October 1981 * 2 November 1981 to 14 January 1982 28. 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. 29. On 19 February 2013, the ABCMR denied his request for an upgrade of his discharge based on his record of misconduct. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a.  Chapter 14 establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. b.  Paragraph 14-33b(1), in effect at the time, provided that members were subject to separation under the provisions of this section for frequent incidents of discreditable nature with civil or military authorities. c.  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. d.  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: 1. His actions at the time clearly brought discredit upon himself and the Army. There is no evidence that his indiscipline was caused by his age or that he was any less mature than other Soldiers who successfully completed their terms of service. 2. His familial relationships have no bearing on his application. Every case is individually decided based upon its merits when an applicant requests a change in his or her character of service. 3. There is no evidence of record and the applicant has not provided any evidence showing he was not properly and equitably discharged in accordance with the regulations in effect at the time. Based on his misconduct, the quality of his service was not consistent with Army standards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011938 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011938 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2