IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150006882 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, under honorable conditions discharge. 2. The applicant states that he was young, had just returned from an overseas deployment, and he and his spouse were dealing with family issues. At the time, he did not have the leadership to guide him in the right direction. Subsequent to his discharge from the U.S. Army, he enlisted in the U.S. Marine Corps (USMC). He has served for 16 years and attained the rank of master sergeant/pay grade E-8. He adds that he makes it a point to counsel junior Marines that they should not get discouraged over one mistake. 3. The applicant provides copies of his: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Verification of Military Experience and Training * Basic Individual Record * Individual Awards Report 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 U.S. Army Reserve (USAR) on 31 August 1992 for a period of 8 years. After completing initial entry training, he was awarded military occupational specialty 71L (Administrative Specialist). 3. The applicant enlisted in the Regular Army (RA), in the rank of private (E-2), on 15 February 1994 for a period of 3 years. He attained the rank of specialist (E-4). He served overseas in Honduras from 23 March 1995 through 27 October 1995. He reenlisted in the RA on 9 July 1996 for a period of 3 years. 4. A review of the applicant's military personnel record shows that during the period 15 July 1996 through 30 April 1997, he was formally counseled on 13 occasions for various acts of indiscipline. 5. Bravo Detachment, 546th Personnel Services Battalion, Fort Hood, TX, Permanent Order 104-23, dated 14 April 1997, awarded the applicant the Army Good Conduct Medal (AGCM) for the period 15 February 1994 to 16 February 1997. 6. On 25 March 1997, he received nonjudicial punishment (NJP) for failing to go at the time prescribed to his appointed place of duty (two specifications). His punishment consisted of reduction to private first class (E-3). 7. On an unspecified date, the applicant's commander notified him that he was recommending him for separation under the provisions of (UP) Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14 (Separation for Misconduct), paragraph 14-12b, based on a pattern of misconduct. a. The reasons for his proposed action were the applicant's: * failure to pay just debts * repeated failures to report to his appointed place of duty * disobeying lawful orders * civilian confinement (18–25 April 1997) for violating civil laws b. The applicant was advised of his rights and the separation procedures involved. The commander also informed him that he was recommending a general, under honorable conditions characterization of service. 8. Following notification of the separation action, the applicant consulted with legal counsel and he was advised of the rights available to him. a. He was advised he may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions discharge was issued to him. b. The applicant also acknowledged he understood that if he received a discharge/character of service that is less than honorable conditions he may apply to the Army Discharge Review Board (ADRB) or ABCMR for upgrading his discharge. However, an act of consideration by either board did not imply that his discharge would be upgraded. c. He elected not to submit statements in his own behalf. d. The applicant and his counsel placed their signatures on the document on 20 June 1997. 9. His chain of command recommended approval of the applicant's separation with a general, under honorable conditions discharge. 10. On 9 July 1997, the separation authority approved the recommendation for discharge of the applicant and directed issuance of a General Discharge Certificate. 11. The applicant's DD Form 214 shows he was discharged on 18 July 1997 UP AR 635-200, paragraph 14-12b, with his service characterized as "under honorable conditions (general)." He had completed 3 years, 5 months, and 4 days of net active service this period with no lost time. The DD Form 214 also shows he was awarded or authorized the: * Joint Service Achievement Medal * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar 12. On 25 March 1998, the applicant submitted an application to the ADRB for an upgrade of his discharge. The issues he listed for consideration in upgrading his discharge were that his ex-wife did not like the idea of a military husband and his mother had been in an accident and needed help around the home. a. On 27 August 1998, the ADRB notified the applicant that it determined the reason for his discharge and the character of his service were both proper and equitable. Accordingly, the ADRB denied the relief requested by the applicant. b. The ADRB noted the applicant was awarded the AGCM for the period of service from 15 February 1994 to 16 February 1997; however, the award was not shown on his DD Form 214. The ADRB requested issuance of a DD Form 215 (Correction of DD Form 214) to add the award to his DD Form 214. 13. A review of the applicant's military personnel records failed to reveal a copy of a DD Form 215. 14. In support of his request the applicant provides the following documents: a. Verification of Military Experience and Training (27 pages), as of 1 October 2014, that provides a summary of the applicant's military service and, in pertinent part, his USMC military education, training, and duty assignments in occupation 0491 (Logistics Mobility Chief) and 5811 (Military Police) from August 1999 to the present. b. Basic Individual Record (3 pages), as of 14 April 2015, that, in pertinent part, shows he served overseas in: * Afghanistan from 11 May 2010 to 4 December 2010 * Bahrain from 31 March 2014 to 13 May 2014 * Djibouti from 14 May 2014 to 15 June 2014 * Bahrain from 16 June 2014 to 2 October 2014 c. Individual Awards Report (2 pages), as of 14 April 2015, that lists his awards and decorations, as follows: * Marine Corps Good Conduct Medal (5th Award) * Sea Service Deployment Ribbon (3rd Award) * Navy Meritorious Unit Commendation (2nd Award) * North Atlantic Treaty Organization Medal * Global War on Terrorism Service Medal * Navy and Marine Corps Overseas Service Ribbon (3rd Award) * Military Outstanding Volunteer Service Medal * Afghanistan Campaign Medal * National Defense Service Medal (2nd Award) * three letters of appreciation * Certification of Appreciation * Certification of Commendation * Joint Service Achievement Medal * Global War on Terrorism Expeditionary Medal * Combat Action Ribbon * Navy and Marine Corps Achievement Medal (2nd Award) * Navy and Marine Corps Commendation Medal * Korean Defense Service Medal * Navy "E" Ribbon/Navy Battle "E" Ribbon 15. AR 635-200, in effect at the time, 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, conviction by civil authorities, desertion, or absences 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. A discharge under other than honorable conditions is normally considered appropriate. However, the separation authority may direct a general discharge if such is merited by the member's overall record. b. Chapter 3, 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his discharge should be upgraded to fully honorable because he was young, dealing with family issues, and he made poor decisions; however, subsequent to his discharge he has served honorably in the USMC for more than 16 years. 2. The evidence of record shows the applicant's administrative discharge under the provisions of AR 635-200, chapter 14, based on a pattern of misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. 3. The applicant entered active duty in the RA on 15 February 1994. During the period of service under review he attained the rank of SPC (E-4), was awarded the Joint Service Achievement Medal, and reenlisted in the RA on 9 July 1996. In addition, he was awarded the AGCM for his service from 15 February 1994 to 16 February 1997. a. On 25 March 1997, he received NJP for failing to go at the time prescribed to his appointed place of duty (two specifications) and he was reduced to grade E-3. Shortly thereafter, the applicant's commander initiated action to separate him for a pattern of misconduct. He was discharged on 18 July 1997. b. The Board does not condone the applicant's acts of indiscipline; however, the Board notes that his misconduct occurred over the course of a relatively short period of time in comparison with his overall record of military service of otherwise acceptable conduct and performance of duty. c. The evidence of record shows the applicant has completed more than 16 years of active duty service in the USMC in the field of logistics and law enforcement, which attests to his continued dedication to military service and the military community. 4. Thus, based on the evidence of record and as a matter of equity, at this time it would be appropriate in this case to correct his military service records to show he was honorably discharged effective 18 July 1997. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his 18 July 1997 DD Form 214 and issuing a new DD Form 214 showing he was honorably discharged on 18 July 1997 and also showing the Army Good Conduct Medal among his authorized awards, and b. issuing an Honorable Discharge Certificate, dated 18 July 1997, in lieu of the General Discharge Certificate of the same date now held by the applicant. _______ _ _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) AR20150006882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006882 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1