BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000019 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 May 2017 DOCKET NUMBER: AR20160000019 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 May 2017 DOCKET NUMBER: AR20160000019 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 to under honorable conditions (general). 2. He states, in effect, he is not proud of the way he left the Army, but he would like his case reviewed so that he can use his Army benefits. He states he does not believe he was treated right due to the problems he was having with his feet. He complained about his feet to his drill sergeant to no avail and he received no medical attention; therefore, he went absent without leave (AWOL). 3. He provides a self-authored statement and DD Form 214 (Certificate of Release or Discharge 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. The applicant enlisted in the Regular Army on 14 April 1987. He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman). 3. His record shows he was seen at the medical/podiatry clinic on numerous occasions for foot pain. On 17 December 1987, he received a "P3" profile for flat feet and he was subsequently referred to a Medical Retention Board (MRB). 4. A Standard Form 600 (Chronological Record of Medical Care), dated 8 March 1988, from the Orthopedic Clinic stated "MRB retained in MOS 11B, active duty, 9 mo (months). Has appropriate P3 - nothing further indicated from medical stand point." 5. On 28 July 1988, charges were preferred against him for being AWOL from on or about 15 June to 19 July 1988. 6. On 28 July 1988, he consulted with counsel and he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial. 7. In his voluntary request for discharge, he indicated he was making the request of his own free will and had not been subjected to coercion whatsoever by any person. He understood if his request was accepted he could receive a discharge under other than honorable conditions and that by submitting his request he was admitting he was guilty of the charge against him. He further acknowledged he understood if he received a discharge under other than honorable conditions, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration, he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and he could encounter substantial prejudice in civilian life. He elected not to submit a statement in his own behalf. 8. On 10 August 1988, the appropriate authority directed the applicant’s reduction to the lowest enlisted grade and that he be issued an Under Other Than Honorable Conditions Discharge Certificate. 9. On 24 August 1988, he was discharged accordingly. His DD Form 214 shows he received an under other than honorable conditions characterization of service. It also shows he completed 1 year, 3 months, and 7 days of net active service during this period. He also had lost time from 15 June to 18 July 1988. 10. There is no indication the applicant applied to 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 sets forth the basic authority for the separation of enlisted personnel. a. 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. 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 states, in effect, that he went AWOL due to problems with his feet and a lack of medical attention. The evidence of record shows he was seen at the medical/podiatry clinic on numerous occasions for foot problems. He was given a "P3" profile for flat feet and an MRB elected to retain him on active duty in his current MOS of 11B. His argument that he did not received any medical attention concerning his foot problems is not support by the available evidence. 2. He also states, in effect, that his discharge should be upgraded so he can obtain veterans benefits. There are no provisions in Army regulations that allow the upgrade of a discharge for the sole purpose of securing veterans benefits. The evidence must show the discharge was rendered unjustly, in error, or that there were mitigating circumstances warranting the upgrade. 3. The evidence of record confirms that all requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation process. The records further show he admitted he was guilty of the offense for which he was charged. He voluntarily requested separation for the good of the service under the provisions of Army Regulation 635-200, chapter 10, to avoid a trial by court-martial. The character of service he received was commensurate with his record of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000019 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2