BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160002928 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: 27 July 2017 DOCKET NUMBER: AR20160002928 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: 27 July 2017 DOCKET NUMBER: AR20160002928 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 1966 general discharge under honorable conditions to honorable. 2. The applicant states he was a 24-year old brash kid at the time of his mistakes. He did not understand life. He has since become a productive citizen in his community and he would like to clear his military record before he passes. 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 was born in April 1941 and enlisted in the Regular Army at age 19 on 3 November 1960. He held military occupational 640.00/64B (Light Vehicle Driver). 3. He served in Germany from 25 September 1961 to 15 September 1964 with various units, including the 31st Transportation Battalion, 24th Quartermaster Company, 24th Supply and Transport Battalion, and 126th Transportation Company. 4. He was honorably discharged on 1 October 1963 for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he completed 2 years, 10 months, and 29 days of active service. 5. He reenlisted in the Regular Army on 2 October 1963 at age 22 in the rank/grade of private first class/E-3. 6. On 6 February 1964, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for causing a vehicle accident by driving too fast for road conditions in January 1964. 7. On 30 March 1964, he accepted NJP under the provisions of Article 15 of the UCMJ after being apprehended by military police for being absent without leave (AWOL) from 23 March 1964 until he was apprehended. 8. On 15 September 1964, he arrived back in the United States and he was assigned to the U.S. Army Garrison, Fort Jackson, SC, around October 1964. At Fort Jackson, he accepted NJP under the provisions of Article 15 of the UCMJ on 2 October 1965 for failing to report to his duty station at the proper time. He was reduced in rank/grade to private/E-2. 9. Also while at Fort Jackson, he was convicted by a special court-martial on 1 December 1965 of two specifications of being AWOL from 4 October to 2 November 1965 and from 5 to 11 November 1965. The court sentenced him to reduction to the rank/grade of private/E-1, confinement at hard labor for 6 months, and forfeiture of $83.00 pay for 6 months. The convening authority approved the sentence on 3 December 1965. 10. He subsequently served in a temporary duty status with the 546th Transportation Company in the Dominican Republic. While there, he accepted NJP under the provisions of Article 15 of the UCMJ on: * 7 March 1966, for failing to obey a lawful order from a commissioned officer * 6 August 1966, for failing to obey a lawful order from a commissioned officer * 24 October 1966, for failing to go at the time prescribed to his appointed place of duty 11. He was discharged on 16 December 1966 in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) due to expiration of term of service. His DD Form 214 for this period shows: * his service was characterized as under honorable conditions * he was issued a General Discharge Certificate * he completed 2 years, 11 months, and 27 days of active service * he had 79 days of lost time * he was awarded or authorized the National Defense Service Medal 12. There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. REFERENCES: Army Regulation 635-200, in effect at the time, provided for the discharge of enlisted personnel upon expiration of term of enlistment and set forth the general provisions governing the release from active duty of enlisted and inducted persons prior to expiration of their terms of service. It stated: a. Discharge certificates are furnished to enlisted and inducted personnel when they are discharged. The five types of discharge certificates, the issuance of which is governed by this regulation, include the DD Form 257A (General Discharge Certificate). Because the type of discharge may significantly influence the individual's civilian rights and eligibility for benefits provided by law, it is essential that all pertinent factors be considered so the type of discharge will reflect accurately the nature of service rendered. The policy of the Department of the Army is to base evaluation of an individual's service and conduct on his overall enlistment period rather than on any disqualifying entries in his service record during a particular portion of his current service. b. The character of service will be determined only by the member's military record of the current enlistment or current period of service, which record includes an individual's military behavior and performance of duty. c. An honorable discharge is a separation with honor. Issuance will be conditioned upon proper military behavior and proficient performance of duty during the member's current enlistment or current period of service with due consideration for the member's age, length of service, grade, and general aptitude. Where a member has served faithfully and performed to the best of his ability and has been cooperative and conscientious in doing his assigned tasks, he may be furnished an honorable discharge. Where there have been infractions of discipline, the extent thereof should be considered, as well as the seriousness of the offense(s). A member will not necessarily be denied an honorable discharge solely by reasons of a specific number of convictions by courts-martial or actions under Article 15 of the UCMJ. It is the pattern of behavior and not the isolated instance which should be considered the governing factor in determination of character of service to be awarded. d. A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge. When a member's service is characterized as general, except when discharged by reason of misconduct, unfitness, unsuitability, homosexuality, or security, the specific basis for such separation will be included in the individual's military personnel record. A general discharge may be issued if an individual has been convicted of an offense by general court-martial or has been convicted by more than one special court-martial in the current enlistment period or obligated service or any extension thereof. The decision is discretionary; especially if there is evidence that the individual's military behavior is sufficiently serious to raise a question as to the member's potential for further useful military service. DISCUSSION: 1. The applicant completed two periods of active service. During his second period, he exhibited disciplinary issues and/or military behaviors serious enough to raise questions as to his potential for further useful military service. During the referenced period: * he accepted NJP on five separate occasions and at various locations * he was AWOL on three separate occasions * he was convicted by a special court-martial 2. Considering he had completed nearly 3 years of service during his first enlistment, the applicant was considered a seasoned Soldier. It appears that it was his pattern of behavior – involving multiple instances of misconduct – during the second period of enlistment that was considered the governing factor in determining his character of service. The separation authority determined his record was not sufficiently meritorious to warrant an honorable discharge. 3. The applicant was age 19 when he enlisted in the Regular Army and age 22 at the time of reenlistment. There is no evidence that his pattern of misconduct was caused by his age or that he was any less mature than other Soldiers of the same age who successfully completed their terms 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) AR20160002928 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002928 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2