IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150014544 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: 7 February 2017 DOCKET NUMBER: AR20150014544 BOARD DETERMINATION/RECOMMENDATION: 1. As for the character of service, 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 AC98-07900 on 21 May 1998. 2. As for the new issue of awards and decorations, 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: 7 February 2017 DOCKET NUMBER: AR20150014544 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 under other than honorable conditions discharge. 2. As a new issue, he requests correction of his DD Form 214 (Report of Separation and Record of Service) to show all his awards and decorations. 3. The applicant states he is trying to apply for benefits. 4. The applicant provides his DD Form 214. 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 AC98-07900 on 21 May 1998. 2. The applicant raises a new issue related to awards and decorations. This warrants reconsideration of his case. 3. The applicant enlisted in the Regular Army on 16 November 1976 and he held military occupational specialty 62J (Construction Machine Operator). 4. On 23 February 1977, while still in training, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for absenting himself from his appointed place of duty. 5. On 18 May 1977, also while still in training, he accepted NJP under the provisions of Article 15, UCMJ, for wrongfully possessing marijuana. 6. On 31 January 1978, he accepted NJP under the provisions of Article 15, UCMJ, for disobeying a lawful order by having in his possession and firing from a window a red star cluster (used to signal ground troop emplacements and occasionally aircraft). 7. On 21 April 1978, he was convicted by a summary court-martial of one specification of possessing marijuana and one specification of having a fraudulent identification card. The court sentenced him to confinement at hard labor for 10 days and forfeiture of pay. 8. On 4 May 1978, at Fort Riley, KS, he accepted NJP under the provisions of Article 15 of the UCMJ for disobeying a lawful order not to leave his unit and not to have contraband. 9. He was confined at Fort Riley, and following completion of confinement, he was reassigned to the U.S. Army Retraining Brigade. He was reassigned within that brigade at least two times. 10. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his record contains: a. Orders 116-5, issued by Headquarters, U.S. Army Retraining Brigade, Fort Riley, on 15 June 1978, ordering his discharge from active duty effective 16 June 1978. b. A DD Form 214 that shows he was discharged on 16 June 1978 under the provisions of paragraph 14-33b of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel) for misconduct (frequent involvement in incidents of a discreditable nature with civil or military authorities) in the rank/grade of private/E-1 with an under other than honorable conditions characterization of service. This form also shows: * he completed 1 year, 6 months, and 24 days of creditable active service and he had 7 days of lost time * he was awarded/authorized marksmanship badges for the M-16 rifle and the hand grenade 11. There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. 12. On 21 May 1998, the ABCMR considered the applicant’s petition for an upgrade of his discharge but found insufficient evidence and denied his case. 13. There are no orders in his records confirming any personal awards or decorations. Additionally, aside from his marksmanship qualification badges, there are no other entries in item 9 (Awards, Decorations, and Badges) of his DA Form 2-1 (Personnel Qualification Record). REFERENCES: 1. AR 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories included frequent incidents of a discreditable nature with civil or military authorities; an established pattern for shirking, an established pattern showing dishonorable failure to pay just debts, and an established pattern showing dishonorable failure to contribute adequate support to dependents. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged for acts or patterns of misconduct. 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. 2. AR 600-8-22 (Military Awards) governs awards and decorations for military personnel. DISCUSSION: 1. The applicant’s record is void of the specific facts and circumstances that led to his discharge. However, his record contains a DD Form 214 that shows he was discharged on 16 June 1978 under the provisions of paragraph 14-33b of AR 635-200 for misconduct with an under other than honorable conditions discharge. 2. Absent evidence to the contrary, it is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. It is also presumed that his discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable personal conduct and performance of duty by military personnel. 3. Aside from his marksmanship qualification badges, there are no permanent orders, memoranda, disposition forms, or entries on any service documents that confirm he was awarded or was eligible for any additional awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014544 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014544 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2