IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150006096 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 his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. 2. The applicant states, in effect: a. Since his discharge from the Army he has tried to rearrange his life and decide what he should do. As a domestic violence and substance abuse counselor he has been successful in helping others in their recovery process. b. He acknowledged that he had some inner issues in his life that he needed to work on and he thanks the Army for teaching him leadership, responsibility, and accountability, but most importantly, the sense of purpose in life. The time he served in the Army helped him become the individual he is now. c. He has worked in the housing industry over 30 years managing Federal housing programs and helping families achieve a better quality of life. The skills he learned in the Army have enabled him to successfully work in many capacities from Assistant Community Manager to the Interim Chief Operating Officer for the Housing Authority, City of Ventura, CA. d. He graduated with an Associate’s Degree and he has received his substance abuse counseling teaching credential. e. He works as a counselor part-time in the evenings, and in the housing industry during the day. He is on a path to achieve his goals. He is now asking for an upgrade of his UOTHC discharge to an honorable discharge. He regrets his behavior while serving in the Army; but he is very proud of his service in general and during the funeral detail at Fort Ord, California. 3. The applicant provides copies of his resume` and a list of personal references. 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 21 September 1976. He held military occupational specialty 36C (Telephone Installer-Lineman). 3. The highest rank he attained while on active duty was private first class/E-3. 4. He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) in – * July 1978 for three incidents of failing to go to his appointed place of duty * August 1978 for two incidents of failing to go to his appointed place of duty * December 1978 for two incidents of failing to go his appointed place of duty 5. The applicant's discharge processing documentation is not available for review. His DD Form 214 shows he was discharged on 21 February 1979 under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) with an UOTHC discharge. He had completed 2 years, 5 months, and 1 day of active duty service. 6. There is no available evidence showing he applied to the Army Discharge Review Board for an upgrade of his discharge during that board?s 15 year statute of limitations. 7. 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 consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A UOTHC discharge is normally appropriate for a Soldier discharged under this chapter. b. 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. c. 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 service 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 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 14, Army Regulation 635-200. 2. The applicant’s UOTHC characterization of service was clearly justified by his record of NJP for seven separate offenses. 3. In the absence of evidence to the contrary, the discharge process must be presumed to have been in accordance with applicable law and regulations. 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) AR20120009372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006096 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1