BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003774 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 general discharge to honorable. 2. The applicant states that he was young and did not fully appreciate what he had at the time. Since his discharge he has raised two children and both entered military service. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 18 March 1971. He held military occupational specialty 76Y (Supply Clerk). 3. The applicant's discharge processing documentation is not available for review. His DD Form 214 shows he was discharged on 20 January 1972 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) with service characterized as under honorable conditions (general). He had completed 7 months and 26 days of active duty service. He had lost time for the periods shown: * 4-10 August 1971 * 18 August - 15 September 1971 * 12 - 28 October 1971 * 22 November - 5 December 1971 4. There is no available evidence showing he applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. 5. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. a. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized at the time an undesirable discharge was normally considered appropriate. 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. 6. 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. 7. Multiple attempts by the Board staff to acquire the applicant's official military personnel file have proven unsuccessful. DISCUSSION AND CONCLUSIONS: 1. The specific facts and circumstances surrounding his discharge are not available for review. However, his DD Form 214 shows he was administratively discharged under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial with service characterized as general. 2. The applicant did not provide any evidence to support his request. It is noted that he received a general discharge when at the time an undesirable discharge was normally considered appropriate. 3. Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trail by court-martial. Therefore, it is presumed in this case the applicant voluntarily requested discharge from the Army in lieu of trial by court-martial. In the absence of evidence showing otherwise, it must also be presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process. Further, the applicant’s discharge accurately reflects his overall record of service based on his history of repeated periods of lost time. 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) AR20110020828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003774 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1