IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140007779 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 upgrade of his under other than honorable conditions (UOTHC) discharge. 2. The applicant states he was young and very irresponsible when it came to alcohol and authority. At the age of 16 he was introduced to non-stop consumption of alcohol and became a young alcoholic and made bad decisions resulting in his discharge. Since January 2000 he has maintained an alcohol-free life and works as a Resident Advocate with a caseload of over 65 residents. 3. The applicant provides a reference letter from the Administrator, Thompson Care Center. 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 19 January 1976. He held military occupational specialty (MOS) 31M (Multi-channel Transmission Systems Operator). The highest rank/grade he attained while serving on active duty was private/E-2. 3. The available records show he: * accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on four occasions * was convicted by a summary court-martial of being absent without leave (AWOL) from 7 September 1976 to 5 October 1976 4. The applicant's discharge packet is not available for review. His DD Form 214 shows he was discharged UOTHC effective 5 August 1977, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 13-5a(4) for unfitness. He had completed 1 year, 5 months, and 18 days of active duty service. 5. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge. 6. The applicant provided a reference letter from Mr. Ron T-------, the Administrator, Thompson Care Center. Mr. T------- states he has known and worked with the applicant for 20 years. He further states the applicant has "lived a colorful life, compiling various experiences which have led him to be a trusted member of our community." The applicant works in a position of trust, advocating for adults with mental illnesses. The applicant has proven to be someone who has learned the lessons of life well. He is an unselfish servant of the community leaving far more deposits of good will than withdrawals. 7. Army Regulation 635-200 sets forth the policy and prescribes the procedures for the administrative separation of enlisted personnel. Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability. Paragraph 13-5a provided for separation for unfitness, which included frequent incidents of a discreditable nature, sexual perversion, drug abuse, an established pattern of shirking, failure to pay just debts, failure to support dependents, and homosexual acts. When separation for unfitness was warranted, a discharge UOTHC was normally considered appropriate. a. Paragraph 3-7a states 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 states 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. 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states the ABCMR begins 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 AND CONCLUSIONS: 1. The applicant's record is void of the specific facts and circumstances surrounding his discharge. However, in the absence of evidence showing otherwise, the discharge process must be presumed to have been in accordance with applicable law and regulations. 2. The reference letter the applicant provided was considered; however, it is not sufficiently mitigating to justify upgrading his discharge. 3. In view of the foregoing, there is no basis for granting the applicant an honorable or a general discharge. 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 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) AR20100009951 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007779 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1