IN THE CASE OF:	  

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090018026 


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 to have his discharge upgraded.

2.  The applicant states he needs an honorable discharge to receive medical benefits.

3.  The applicant provides a copy of his discharge orders.

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 Army on 7 May 1975 for a period of three years.



3.  The applicant's record shows the following:

	a.  he was administered an Article 15, Uniform Code of Military Justice (UCMJ) for stealing C rations valued at less than $50.00 on 24 June 1975;

	b.  the punishment imposed for this offense was forfeiture of pay in the amount of $80.00, 14 days restriction, and 14 days extra duty;

	c.  he was advised, on 12 June 1975, of his possible discharge from the Army due to unsatisfactory attitude, motivation, and self-discipline;

	d.  he was advised by counsel and acknowledged notification of a proposed honorable discharge and that non-completion of requisite active duty time will affect his Veterans Administration (VA) and other benefits normally associated with completion of honorable active duty service;

	e.  he was discharged, on 3 July 1975, under the provisions of Department of the Army (DA) message date time group 011510Z, August 1973, subject: Evaluation and Discharge of Enlistees before 180 Active Duty Days prior to the completion of  Basic Combat Training (BCT).

4.  The applicant's DD Form 214 shows the following:

* Item 8e (Character of Service) - Honorable
* Item 10 (Reenlistment code) - RE-3
* Item 18a (Net Active Service this Period)- 1 month and 27 days
* Item 21 (Time Lost) - None

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his discharge upgraded was carefully considered.  Upon separation the applicant did in fact receive an honorable discharge, therefore the applicant's record is correct as currently constituted and no corrective action is needed.

2.  A review of the discharge package shows the applicant was counseled and acknowledged he would receive an honorable discharge; however, his failure to complete the terms of his enlistment may impact his Veterans Administrations and other benefits.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for medical benefits.
4.  The administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.

ABCMR Record of Proceedings (cont)                                         AR20090018026



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ABCMR Record of Proceedings (cont)                                         AR20090018026



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