BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017581 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: 18 April 2017 DOCKET NUMBER: AR20150017581 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: 18 April 2017 DOCKET NUMBER: AR20150017581 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 an upgrade of his under other than honorable conditions discharge. 2. The applicant states he would like to change his discharge status in hopes that he will be able to be recognized as a veteran for the time he was enlisted in the Army. He got out of the Army because of being absent without leave (AWOL) a lot. He felt that he was in a bad environment at the time, such as being around drugs and alcohol, all the time and every day. His records show that he enlisted for 4 years. Initially, he had intended to enlist for 2 years. He believes he did well when he was on active duty. He reenlisted and joined the Army on 14 June 1979. He graduated from basic training boot camp at Fort Jackson, SC, and then went to Fort Sill, OK. He was then stationed at Fort Ord, CA, where he was involved in an altercation with a boxer who was under the influence of methamphetamines. During this incident, he broke his jaw and he was hospitalized. His jaw was wired shut and he was hospitalized for 3 months. However, this incident is not documented or reflected in his record. It shows that he was on active duty for 2 years and 3 months. He feels he was a good Soldier while he was in the Army. The only bad thing he did was getting out of the Army. He now requests a discharge upgrade to a general discharge. 3. The applicant provides no additional evidence. 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 U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for 6 years on 14 June 1979. He agreed to serve 4 years on active duty. 3. He was discharged from the DEP on 18 September 1979 (after having completed 3 months and 3 days of inactive USAR service) and he enlisted in the Regular Army on 18 September 1979 for 4 years. 4. He completed basic combat training at Fort Jackson, SC, but did not complete advanced individual training at Fort Gordon, GA, where he had been sent from Fort Jackson. He was reassigned to Fort Sill, OK, and completed training for award of MOS 13B (Cannon Crewman). 5. Following completion of training, he was reassigned to Yuma Proving Ground, AZ. Instead of reporting to his unit, he went AWOL. He was reported in an AWOL status on 9 March 1980 and then dropped from the rolls as a deserter. He returned to military control on 6 January 1981. 6. When he returned, he was assigned to the Personnel Control Facility, Fort Ord, CA. However, while at that facility, he: * departed his unit in an AWOL status on 13 February 1981 and returned on 17 February 1981 * departed his unit in an AWOL status on 4 March 1981 and returned on 12 March 1981 * departed his unit in an AWOL status on 31 March 1981 and returned to his unit on 11 May 1981 7. Following his return from AWOL on 12 May 1981, his chain of command preferred court-martial charges against him for four specifications of AWOL. 8. On 13 May 1981, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of a request for discharge, and the procedures and rights available to him. Following consultation with legal counsel, he requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. In his request for discharge, he acknowledged: * he was making this request of his own free will and had not been subjected to any coercion whatsoever by any person * he understood by requesting a discharge he was admitting guilt to the charges against him or of lesser-included offenses that also authorized the imposition of a bad conduct discharge or a dishonorable discharge * he acknowledged he understood if his discharge request were approved, he could be deprived of many or all Army benefits * he acknowledged he could be ineligible for many or all benefits administered by the Veterans Administration and he could be deprived of his rights and benefits as a veteran under both Federal and State laws * he stated that under no circumstances did he desire further rehabilitation or to perform further military service * he did not elect to submit a statement on his own behalf 9. The chain of command at the company, battalion, and brigade levels all recommended approval of the discharge action with the issuance of an under other than honorable conditions characterization of service. 10. On 9 October 1981, consistent with the chain of command's recommendations, the separation authority approved his request for discharge for the good of the service in lieu of trial by court-martial under the provisions of AR 635-200, chapter 10, and directed the applicant receive an under other than honorable conditions discharge with reduction to the lowest enlisted grade. 11. The applicant was discharged on 14 December 1981. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of chapter 10 of AR 635-200, for the good of the service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. He completed 1 year, 2 months, and 27 days of active service during this period, but he also had 213 days of excess leave (14 May to 14 December 1981) and four periods of AWOL (9 March 1980 to 6 January 1981, 13 to 17 February 1981, 4 to 12 March 1981, and 31 March to 11 May 1981). 12. On 17 October 1983, the Army Discharge Review Board (ADRB) reviewed his discharge processing but found it proper and equitable. The ADRB unanimously voted to deny him a change to the characterization of service. REFERENCE: AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. It 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. DISCUSSION: 1. The applicant's records show he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge. Discharges under the provisions of AR 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. He voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. The characterization of service he received was commensurate with the reason for his discharge. 2. The issues and contentions he now raises are neither mentioned in his records nor are supported by any evidence. Likewise, he did not raise any issues or claims during his discharge processing. Additionally, there is no evidence in the applicant's record and he provides none to support his contention that he was around drugs and alcohol presumably in his unit, all the time and every day, or that he addressed this issue with his chain of command or other support agencies at his installation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017581 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017581 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2