IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011133 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011133 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. IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011133 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 under honorable conditions to honorable. 2. The applicant states he has been out of the Army since 1996 and he has never been in trouble. 3. The applicant provides no additional evidence. 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 19 February 1992. 3. On 14 July 1995, he was counseled for being late for physical training formation. He was advised that it was every Soldier's responsibility to be at his or her appointed place of duty on time, every time. 4. On 3 August 1995 at 0145, Tacoma, WA, police officers responded to a domestic disturbance involving the applicant and his girlfriend, T____ C____. An extract of the Tacoma, WA, police report states: a.  The applicant was driving his jeep with Ms. C____ and another individual, Specialist (SPC) D____ S____, as passengers. b.  The applicant and Ms. C____ were involved in a verbal altercation over money. c.  The applicant stopped his vehicle and had SPC S____ drive. The applicant and Ms. C____ continued the verbal altercation, which resulted in the applicant punching and biting Ms. C____. He grabbed her and struck her head against the vehicle. d.  The applicant and SPC S____ dropped Ms. C____ off at her residence and fled the area. e.  Ms. C____ suffered a bite mark on her calf and a contusion to her forehead, but she declined medical attention. f.  The applicant was detained by military police and later arrested by the Tacoma Police Department, advised of his rights, and booked into the Pierce County jail. g.  Tacoma, WA, police noted alcohol involvement with both the applicant and Ms. C____. 5. On 4 August 1995, the applicant was released from jail. 6. 14 August 1995, the applicant was counseled for failing to be at his place of duty on 3 August and 4 August 1995. He was also counseled about the possibility of being discharged. 7. On 2 November 1995, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failing to obey an order. 8. On 28 October 1994, he was counseled for missing formation on 27 October 1994 and failing to report back to work on time from lunch. 9. On 31 October and 3 November 1994, he was counseled for failing to report for formation. 10. On 15 November 1994, he was counseled for failing to make a Delayed Payment Program payment. 11. His Report of Mental Status Evaluation, dated 2 November 1995, shows he was evaluated on 1 November 1995 and 2 November 1995 and he was psychiatrically cleared for any administrative action deemed appropriate by his chain of command. 12. On 28 November 1995, he was counseled about proceedings for separation. He indicated he did not feel he should be separated. 13. On 3 December 1995, he was counseled for improperly wearing his uniform. 14. On 5 December 1995, he was counseled for violating barracks visitation policy on 2 December 1995. He attempted to sneak a visitor into the barracks on three occasions on the same date. 15. On 22 January 1996, his commander initiated separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, based on a pattern of misconduct. His commander recommended the issuance of a general discharge. 16. On 22 January 1996, he was advised by counsel of his commander's contemplated separation action against him for a pattern of misconduct and of the rights available to him. He waived consideration of his case by an administrative separation board and a personal appearance before an administrative separation board. He elected not to submit statements in his own behalf. He acknowledged he understood that he could encounter substantial prejudice in civilian life and he would be ineligible for many or all benefits as a veteran under Federal and State laws. 17. On 25 January 1996, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, and directed characterization of his service as general under honorable conditions. 18. On 22 February 1996, he was discharged accordingly. His DD Form 214 shows he completed 4 years of creditable active military service. 19. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a.  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. b.  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, 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 discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. DISCUSSION: 1. There is no evidence of record and the applicant has not provided any evidence showing he was not properly and equitably discharged in accordance with the regulations in effect at the time. Based on his misconduct, the quality of his service was not consistent with Army standards. 2. It is presumed that the approval authority considered the totality of his service in directing his general discharge under honorable conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011133 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011133 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2