BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015331 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: 2 February 2017 DOCKET NUMBER: AR20150015331 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 to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AC92-11064, dated 7 July 1993. _____________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: 2 February 2017 DOCKET NUMBER: AR20150015331 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 to upgrade his undesirable discharge to general under honorable conditions. 2. The applicant states his father died while he was serving in Germany. He requested to go home. His commander had him sign papers to get out of the service immediately. At the time, he did not realize what kind of discharge he would receive. He was just concerned with getting home to be with his family when his father died. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 AC92-11064 on 7 July 1993. 2. The applicant's contentions are new evidence that was not previously considered by the Board and warrants consideration at this time. 3. The applicant enlisted in the Regular Army on 24 January 1966 for a period of 4 years. He arrived in Germany on 8 June 1966. 4. His records contain a statement from his commander, dated 1 December 1966, wherein he stated he counseled the applicant for throwing a bottle at a taxi door; disobeying an order from his platoon sergeant, having a poor attitude, and his duty to obey orders from superior noncommissioned officers; breaking restriction and being absent without leave; poor conduct and the imposition of a bar to reenlistment; being disorderly in the barracks; and willful destruction of government property. 5. Between 2 September 1966 and 8 January 1967, nonjudicial punishment (NJP) was imposed against him on four occasions for: * disobeying a lawful order * breaking restriction and escaping from custody * being disorderly in quarters * breaking restriction 6. On 19 January 1967, he was convicted by a special court-martial of being drunk and disorderly in quarters. He was sentenced to forfeiture of $64.00 pay per month for 1 month and confinement at hard labor for 1 month. On 25 January 1967, the convening authority approved the sentence. 7. On 29 May 1967, he was convicted by a special court-martial of absenting himself from his unit for 1 1/2 hours, wrongfully appropriating a truck, damaging a truck through neglect, operating a truck in a reckless manner, and making a false official statement. He was sentenced to forfeiture of $64.00 pay per month for 6 months and confinement at hard labor for 6 months. On 29 May 1967, the convening authority approved the sentence. 8. On 15 July 1967, the applicant's unit commander initiated action to separate him for unfitness under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability). The unit commander recommended discharge because of habits and traits of character manifested by the applicant's indulgence in alcohol and continual disobedience and disregard of regulations. 9. On 20 July 1967 after consulting with counsel, he waived consideration of his case by a board of officers, waived a personal appearance, and elected not to submit a statement in his own behalf. He also acknowledged that he understood he might expect to encounter substantial prejudice in civilian life in the event a discharge under conditions other than honorable were issued to him and he might be ineligible for many or all benefits as a veteran under both Federal and State laws. 10. On 4 August 1967, NJP was imposed against him for leaving his appointed place of duty without authority. 11. His records show he was granted emergency leave for 30 days on 10 August 1967 due to his father's terminal cancer. He departed Germany on 10 August 1967. 12. On 1 September 1967, the separation authority approved the recommendation for separation and directed the applicant's discharge from the military service under the provisions of Army Regulation 635-212, paragraph  6a(1), for unfitness due to involvement in frequent incidents of a discreditable nature with civil or military authorities, and issuance of an Undesirable Discharge Certificate. 13. His DD Form 214 shows he was discharged under other than honorable conditions on 21 September 1967 under the provisions of Army Regulation  635-200 (Personnel Separations – Enlisted Personnel). He completed 1 year, 6 months, and 27 days of total active service with 32 days of lost time. The separation program number 28B shown on his DD Form 214 represents unfitness due to involvement in frequent incidents of a discreditable nature with civil or military authorities. 14. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 15. On 7 July 1993, the ABCMR denied his request for a discharge upgrade. At that time, he requested an upgrade of his discharge on the basis that his problems were alcohol related. REFERENCES: 1. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness and unsuitability. Paragraph  6a(1) provided that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 13-5a(1), in effect at the time, provided for discharge due to unfitness because of frequent incidents of a discreditable nature with civil or military authorities. 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. DISCUSSION: 1. Although the applicant contends he did not realize what kind of discharge he would receive, the evidence of record shows he consulted with counsel on 20 July 1967 and acknowledged that he understood he might expect to encounter substantial prejudice in civilian life in the event a discharge under conditions other than honorable were issued to him and he might be ineligible for many or all benefits as a veteran under both Federal and State laws. 2. His brief record of service included numerous adverse counseling statements, five NJPs, two special court-martial convictions, and 32 days of lost time. 3. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. He had an opportunity to submit a statement in which he could have voiced his concerns and he did not to do so. Further, he voluntarily consented to the discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015331 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2