IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007391 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: a. He enlisted in the Army on 14 October 1979 in military occupational specialty (MOS) 13B (Cannon Crewmember). At first he enjoyed being a Soldier, but when he transferred to Fort Bragg, NC, he got involved with the wrong people and started using drugs. Instead of seeking help, he left the Army. b. If he had the opportunity to go back to that time in his life he would do things differently. He has lived with the guilt for over 30 years. He has never told anyone about what he did because of the shame involved with his actions. c. In the 30 years since that time he has turned his life around. He is a member of the Broken Spoke Church and a member of the Christian Soldiers Motorcycle Ministry. He supports the military in any way he can. 3. The applicant provides a DD Form 293 (Application for The Review of Discharge from the Armed Forces of the United States), dated 22 April 2015, and letter of support from Mr. D_____ J. W____. 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 15 October 1979. He held MOS 13B. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) was awarded the Army Service Ribbon. He attained the rank/grade of specialist four/E-4 effective 29 July 1981. 4. On 29 April 1982, charges were preferred against the applicant for being AWOL from 15 March to 25 April 1982. 6. He consulted with counsel and he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 for the good of the service in lieu of trial by court-martial. He acknowledged he understood the elements of the charge against him and admitted he was guilty of at least one offense which authorized a punitive discharge. He also acknowledged he understood he may be discharged under other than honorable conditions and furnished a UOTHC Discharge Certificate which would deprive him of many or all Army benefits and he might be ineligible for veterans' benefits administered by the Veterans Administration. He further acknowledged he understood he could expect to encounter substantial prejudice in civilian life if he were issued an undesirable discharge. He also indicated he had received legal advice, but his request for discharge had been made voluntarily and it reflected his own free will. He indicated he would not submit a statement in his own behalf. 7. Consistent with the chain of command recommendations, the separation authority approved the separation on 11 May 1982 and directed issuance of a UOTHC discharge. 8. On 7 June 1982, the applicant was discharged under the provisions of Army Regulation 635-200 chapter 10. He had completed 2 years, 6 months, and 12 days of net active service this period. 9. There is no evidence he requested an upgrade of his discharge from the Army Discharge Review Board within that board’s 15-year statute of limitations 10. He provided a letter of support from Mr. D_____ J. W____, a retired Navy Chief Gunners Mate, who states he has known the applicant for many years. He believes the applicant's actions were those of a young man who truly did not understand the ramifications of what he was agreeing to. He further states that the applicant's character and loyalty are above reproach. The applicant is a valued member of their church congregation and an outstanding member of the Christian Soldiers Motorcycle Ministry and has participated in many events to honor active duty military, as well as Wounded Warriors. 11. 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, a discharge 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. DISCUSSION AND CONCLUSIONS: 1. The applicant indicated he got involved with the wrong people at Fort Bragg, NC, and began to use drugs. He did not seek help for his problem and left the Army. If he had the opportunity to go back to that time he would have done things differently. In the 30 years since he has turned his life around and requests an upgrade of his UOTHC discharge. 2. The letter of support he provided was reviewed; however, it is not sufficiently mitigating to warrant an upgrade of his discharge. The applicant's claim of good post-service conduct is noted. However, it does not sufficiently mitigate the misconduct that led to his discharge. 3. The applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, even after appropriate and proper consultation with legal counsel, indicates he wished to avoid trial by court-martial and the punitive discharge he might have received. His service was characterized by the nature of his offense and the circumstances of his separation and does not warrant an upgrade to honorable or general. 4. In view of the foregoing, there is no basis for upgrading the applicant's discharge to either fully honorable or general. 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) AR20150007391 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1