BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004601 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: 12 October 2017 DOCKET NUMBER: AR20160004601 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: 12 October 2017 DOCKET NUMBER: AR20160004601 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 his previous request to upgrade the characterization of his service to under honorable conditions, general. 2. He states his record reveals he failed to pay just debt. He contends, in effect, he was young and immature and trusted his former spouse to deposit his paycheck. She spent the money and there were insufficient funds in his account to cover the checks he wrote to pay the bills. Nonetheless, he managed to resolve all his outstanding debt and is now a homeowner. He would like to have his active creditable military service upgraded because his health is declining and he is on disability. If he could change one thing today, he would not be so trusting. 3. He provides: * Social Security Administration, Retirement, Survivors and Disability Insurance letter, dated 15 December 2015 * DD Form 214 (Report of Separation from Active Duty) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130021393 on 19 August 2014. 2. During the Board's original review of this case it was determined that, based on the applicant’s record of indiscipline, his service did not merit an upgrade to his discharge. The applicant now provides new evidence, which warrants consideration by the Board. 3. He enlisted in the Regular Army on 25 August 1976 at age 18 and served as a lifting and loading equipment operator. 4. He accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on three separate occasions during the period July 1978 through June 1979, for indebtness, failure to be at his appointed place of duty at the time prescribed, and being absent without leave (AWOL). 5. On 27 June 1979, he was notified by his commander that action was being taken to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, for patterns of misconduct. The applicant acknowledged receipt of his commander's intent to separate him. He was advised of his right to consult with counsel, to present his case before a board of officers, and to submit statements in his own behalf. 6. He consulted with counsel and was advised of the basis for the contemplated separation for misconduct, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures and rights that were available to him. He elected not to submit statements in his own behalf. He elected a personal appearance before a board of officers. He acknowledged he understood that: * he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him * he could be ineligible for many or all benefits as a veteran under Federal and State laws as a result of the issuance of a discharge under other than honorable conditions 7. On 27 June 1979, his commander initiated separation action against him for failing to pay just debt to include his rent and several bad checks he failed to satisfy. Also cited was an overdue loan payment which was 10 months in the arrears. 8. The applicant’s record of misconduct is listed in item 7 of this elimination action. This entry shows he received 12 negative counseling statements and 2 reprimands for infractions during the period 5 October 1975 to 4 June 1979, which included being AWOL, failing to pay debt, and failing to pay his rent. 9. On 16 July 1979, the separation authority approved the applicant's discharge and directed the issuance of an under other than honorable conditions discharge. 10. The DD Form 214 he was issued shows he was discharged on 18 July 1979 under the provisions of chapter 14, Army Regulation 635-200, by reason of misconduct with an under other than honorable conditions characterization of service. He completed 2 years, 10 months, and 24 days of net active service during this period. 11. He provides a copy of his disability award from the Social Security Administration. 12. There is no indication in his records that he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense that could result in a punitive discharge, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. Army policy states that a discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged for misconduct. b. 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. c. 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his discharge should be upgraded because he is on disability and has failing health. 2. His disciplinary record includes NJP for failure to be at his appointed place of duty, being AWOL, and indebtness. He contends he was very young and depended on his former spouse to deposit his paycheck. She spent his paycheck rather than deposit it and the funds in his account were insufficient when he paid the bills. It is unclear when the applicant became aware the paychecks were not being deposited or if he took any corrective action. Nonetheless, there is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military service. 3. The available records show the applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. 4. The ABCMR does not upgrade discharges solely for purpose of making an applicant eligible for benefits. Each case is considered on its own merits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004601 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004601 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2