BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017664 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: 20 April 2017 DOCKET NUMBER: AR20150017664 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: 20 April 2017 DOCKET NUMBER: AR20150017664 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. He states, in effect, that his first child was born on 27 November 1974, while he was attending Advanced Individual Training (AIT). He received a weekend pass to go see his baby, and during that time, his girlfriend begged him not to go back. His girlfriend was not doing well emotionally and he wanted to make sure the baby was in a safe environment. He was 17 years old and he caved in to the pressure. Unfortunately, he remained absent from his unit for 306 days before turning himself in at Carlisle, PA. He was transported to Fort Meade, MD, where he was given the option to stay in or separate from the Army. He chose to separate because his family needed him. He did not realize his decision would result in an under other than honorable conditions discharge. He was young, stupid, and facing family pressure. He would do things differently if given a chance. 3. He provided his DD Form 214 (Report of Separation from Active Duty). 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. On 25 July 1974, at age 19, he enlisted in the Regular Army. The highest rank/pay grade he attained was private/E-1. 3. The applicant was reported absent without leave (AWOL) from his AIT unit at Fort Jackson, SC, on 7 November 1974. He surrendered to military authorities at Carlisle Barracks, PA, on 8 September 1975. 4. On 15 September 1975, court-martial charges were preferred against him for being AWOL from 7 November 1974 to 8 September 1975. 5. On the same date, after consulting with counsel, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to him. He indicated he had not been subjected to coercion whatsoever by any person and he made the request of his own free will. He elected not to submit a statement in his own behalf. 6. In his request for discharge the applicant acknowledged that he was guilty of the charge against him or of a lesser included offense therein contained which also authorized the imposition of a bad conduct or dishonorable discharge. He understood he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the VA and he could be deprived of his rights and benefits as a veteran under both Federal and State laws. He also indicated he understood he could face substantial prejudice in civilian life if he were issued an undesirable discharge. 7. He submitted a statement in his behalf, wherein he indicated that no one would listen to his problems and he wanted to get out of the Army to take care of his son and find a good paying job. He would accept an “undesirable discharge.” 8. On 10 November 1975, the separation authority approved his request for discharge and directed the issuance of an under other than honorable conditions discharge. 9. On 20 November 1975, he was discharged accordingly. His DD Form 214 shows he completed a total of 5 months and 20 days of creditable active military service and he had 306 days of lost time. 10. There is no evidence in his record that indicates he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. REFERENCES: Army Regulation 635-200 provides the authorities and procedures for separation of enlisted personnel. a. Chapter 10 provides that the applicant must have indicated he understood that by requesting discharge, he was admitting guilt to the charge(s) against him, or of a lesser included offense, that also authorized the imposition of a bad conduct or dishonorable discharge. He must have acknowledged he understood that if his discharge request was approved, he could be deprived of many or all Army benefits, that he could be ineligible for many or all benefits administered by the Veterans Administration, and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws. b. 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. c. 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 an upgrade of his under other than honorable conditions discharge. 2. The applicant’s extensive period of AWOL was an offense for which the applicant could have been tried by a court-martial and sentenced to a punitive discharge under the UCMJ. As an alternative, he requested discharge under the provisions of Army Regulation 635-200, chapter 10. These type of discharges are voluntary requests for discharge in lieu of trial by court-martial. At the time he acknowledged that he was guilty of the charge and that he would accept an “undesirable discharge” to be able to provide for his child. 3. His administrative discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The characterization of service he received was commensurate with the reason for his discharge. 4. The applicant’s age at the time of enlistment is noted. However, many Soldiers enlisted at age 19 and went on to complete their service obligations and receive honorable discharges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017664 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017664 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2