BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003910 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: 26 September 2017 DOCKET NUMBER: AR20160003910 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 ABCMR set forth in Docket Number AR20120004581 on 27 September 2012. _____________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: 26 September 2017 DOCKET NUMBER: AR20160004581 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 the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20120004581 on 27 September 2012. Specifically, he requests an upgrade of his under other than honorable conditions discharge. 2. The applicant states, in effect, he is requesting a discharge upgrade for Department of Veterans Affairs (VA) purposes. He needed to see his 1 year old daughter who was sick with meningitis. Other than that, he was a good Soldier. He was told to reapply in 1 year and there could be an upgrade. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 24 November 1971, and medical records that show his daughter's diagnosis and treatment from 17 June 1971 through 7 July 1971. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120004581 on 27 September 2012. 2. The applicant provides his daughter's medical records, which were not available to the Board in its initial consideration of his case. Therefore, this new evidence now warrants consideration. 3. The applicant was inducted into the Army of the United States on 1 February 1971. He completed basic training; however, he did not complete advanced individual training. 4. A DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) shows he received non-judicial punishment while stationed at Fort Sam Houston, TX, for being absent without leave (AWOL) from on or about 30 May 1971 through on or about 10 June 1971. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he went AWOL from on or about 25 July 1971 through on or about 16 August 1971. 6. The specific facts and circumstances of the applicant's discharge processing are not available for review. However, a DD Form 214 for the period ending 24 November 1971 shows the applicant was administratively discharged while stationed at Fort Ord, CA, in accordance with Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability). His DD Form 214 further shows he was discharged for unfitness and his service was characterized as under conditions other than honorable. 7. The applicant did not apply to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations. 8. The applicant provides his daughter's medical records from the period in question. a. A DA Form 2984 (Very Seriously Ill/Seriously Ill Patient Report), dated 17 June 1971, shows his daughter, T_C_, was diagnosis with meningococcal meningitis, and her status was seriously ill. The Red Cross, his chain of command, the Chaplain, and the applicant were notified that same day. b. A Standard Form 502 (Clinical Record – Narrative Summary), dated 7 July 1971, shows the applicant's 11 month old daughter was admitted into a military hospital at Fort Lee, VA, on 17 June 1971. She was treated in the hospital until her vital signs were within normal limits and she was discharged on 29 June 1971. REFERENCES: 1. Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability. The regulation provided that an individual was subject to separation for unfitness when one or more of the following conditions existed: (1) because of frequent incidents of a discreditable nature with civil or military authorities; (2) sexual perversion including but not limited to lewd and lascivious acts, indecent exposure, indecent acts with or assault on a child; (3) drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana; (4) an established pattern of shirking; (5) an established pattern of dishonorable failure to pay just debts; and (6) an established pattern showing dishonorable failure to contribute adequate support to dependents (including failure to comply with orders, decrees or judgments). When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that 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. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to Soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. DISCUSSION: 1. The applicant's request for an upgrade of his under other than honorable conditions discharge was carefully considered. He contends he needed to see his daughter who was sick with meningitis. 2. The evidence of record shows his daughter was admitted into a hospital from 17 June through 29 June 1971. His AWOL periods occurred outside that time frame. 3. The governing Army Regulation at the time of his discharge describes criteria of misconduct warranting an undesirable discharge. Administrative discharge proceedings are absent from the applicant's record and his statement does not specifically address the misconduct that lead to his separation from military service. However, it appears his AWOLs were part of a pattern of misconduct. 4. The applicant's administrative discharge is presumed to have been administratively correct and in conformance with applicable laws and regulations. It is further presumed that the separation authority correctly determined his overall record of service did not rise to the level required for any characterization of service other than the characterization he received. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004581 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2