IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150008561 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, in effect, reconsideration of his earlier request for an upgrade of his discharge under other than honorable conditions (UOTHC). 2. The applicant states: a. He enlisted in the Army in 1977, trained as an infantryman, served in Korea, received six consecutive commendations for excellence in performance of sentry duties, and attained the rank of specialist. He was separated in 1980 with an honorable discharge. b. He reenlisted in April 1981. In June 1983, he was approved for an authorized leave of absence to return home. Prior to his departure on leave, his immediate supervisor had created a hostile work environment for him and threatened him with various sanctions. c. While on leave he found his father in failing health. Upon the expiration of his leave he contacted his chain of command in an attempt to resolve his personal issues, to no avail. Approximately 1 week elapsed before he reported to an Army facility in Indiana. He then returned to Germany and was discharged for the good of the service. d. He respectfully requests an upgrade of his discharge in consideration of his otherwise exemplary personnel record, the duration of his exemplary service, the Army's failure to exercise due diligence in response to an appropriately-generated complaint, and the real and mitigating circumstances which existed at the time in question. 3. The applicant provides: * letters of commendation and appreciation * certificate of appreciation * DD Forms 214 (Certificate of Release of Discharge from Active Duty) for the periods ending 4 April 1980 and 8 July 1983 * self-authored letter, dated 31 August 2015 * certificate of completion CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070001487 on 10 July 2007. 2. The applicant's contentions are new evidence that warrant consideration by the Board at this time. 3. He enlisted in the Regular Army on 3 April 1977. He served in Korea from September 1977 to September 1979 and was honorably released from active duty on 4 April 1980 for completion of required service. 4. He again enlisted on 22 April 1981 for a period of 3 years in the rank of specialist four. He served in Germany from 1 May 1981 to 7 July 1983. 5. His records show he was absent without leave (AWOL) from 2 May 1983 to 5 June 1983. 6. His charge sheet is not available for review. 7. On 16 June 1983, he consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge. He indicated he understood he might be discharged under conditions other than honorable and given a discharge UOTHC, he might be ineligible for many or all benefits administered by the Veterans Administration, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws. He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge UOTHC. He elected to not make a statement in his own behalf. 8. On 27 June 1983, the separation authority approved his voluntary request for discharge and directed the issuance of a discharge UOTHC. 9. On 8 July 1983, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10. He completed a total of 5 years, 2 months, and 17 days of creditable active service. His service was characterized as UOTHC. 10. In September 1985, the Army Discharge Review Board denied his request for a general discharge. 11. On 10 July 2007, the ABCMR denied his request for a discharge upgrade. The ABCMR determined that in the absence of evidence to the contrary, it was presumed the applicant's discharge proceedings were conducted in accordance with laws and regulations applicable at the time and his character of service appropriately characterized his military service for the enlistment ending 8 July 1983. 12. He provided a self-authored letter, dated 31 August 2015, wherein he states: * he completed the Psychosocial Residential Treatment Program on 8 May 2015 * he is currently working part time as a housekeeper since 10 August 2015 * he is in the process of finding full-time employment * he is an active participant in the Team River Runner Program at the Department of Veterans Affairs to help improve his wellness * he has been clean and sober for the last 10 months 13. Army Regulation 635-200 sets forth 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 UOTHC is 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. Although the applicant implies he was AWOL because of his father's health and personal issues, family problems alone are normally not a basis for upgrading a discharge. 2. His post-service treatment programs and sobriety are commendable. However, post-service accomplishments alone are not a basis for changing a service characterization. 3. His prior honorable service was carefully considered. However, his record of service during his last enlistment included 35 days of lost time. As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel. 4. His voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations. He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so. 5. The type of discharge directed and the reason for discharge were appropriate considering all the facts of the case. 6. In view of the foregoing evidence, there is an insufficient 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 to amend the decision of the ABCMR set forth in Docket Number AR20070001487, dated 10 July 2007. _____________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) AR20150008561 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008561 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1