BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014799 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 BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014799 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. BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150014799 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, that separation program number (SPN) 46A be removed from his DD Form 214 and an upgrade of his under honorable conditions discharge to an honorable discharge. 2. The applicant states he has no idea why or who “attached this adjective” to his file. The Army never disciplined him, nor did he ever appear before any form of board or commander for any behavioral or discipline problems. 3. The applicant did not provide any supporting documents. 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 20 July 1966. He completed basic combat training and advanced individual training and he held military occupational specialty (MOS) 96D (Image Interpreter). 3. On 16 December 1967, the applicant was notified he was being recommended for discharge under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) for unsuitability. The applicant was counseled on numerous occasions by his team chief, first sergeant, and commander. The basis for the recommendation included his lack of motivation and military courtesy, his inability to complete assigned tasks, and his negative attitude hindering his fellow workers and his duties. 4. On 18 December 1967, the applicant made his election of rights after consulting with Trial Defense Services. He elected to: * waive consideration of his case by a board of officers * waive personal appearance before a board of officers * not provide statements in his own behalf * waive representation by counsel, and indicated he understood he could expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions was issued to him 5. On 26 December 1967, the separation authority approved the separation, waived the rehabilitation requirement, and directed the applicant receive a General Discharge Certificate. 6. On 31 December 1967, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-212 and assigned SPN 46A (unsuitability). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 5 months, and 12 days of total active service. He was issued an Under Honorable Conditions Discharge Certificate. REFERENCES: 1. Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability. It stated an individual was subject to separation for unfitness due to frequent incidents of a discreditable nature with civil or military authorities. When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. The SPN associated with this reason for separation is 46A. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. The applicant requests that SPN 46A be removed from his DD Form 214 and his under honorable conditions discharge be upgraded to an honorable discharge. 2. His records show that he was discharged under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability. After consulting with counsel, the applicant acknowledged the proposed separation with the potential issuance of an undesirable discharge. His discharge was approved and he was discharged accordingly. The characterization of his discharge was commensurate with the reason for discharge in accordance with the governing regulation in effect at the time. The SPN he was assigned was SPN associated with the reason for his separation. There is no evidence of an error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014799 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2