BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012550 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 BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012550 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. BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012550 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 general discharge (GD) be upgraded to an honorable discharge (HD). 2. The applicant states he was encouraged to drink and have fun; his company commander encouraged him to be dishonest and say he was an alcoholic or gay. He was young and fell into the trap during his time in the military. He was young and he fell into the trap and it has hurt aspects of life he did not expect. He is disabled and in need of education and a home. 3. The applicant provides a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States). 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. On 20 March 1991, he enlisted in the Regular Army. He was 22 years old. 3. His record shows he was counseled on at least five separate occasions between 9 September 1991 and 7 May 1992 for the following offenses: * failure to be at his appointed place of duty * failure to make formation * failure to repair * having a delinquent account * dishonored check notification 4. The available evidence indicates he received the following nonjudicial punishment under the provisions of Article 15 of UCMJ: * on 12 March 1992, for striking another individual on 2 March 1992 and wrongfully communicating a threat to the same individual * on 18 May 1992 for being disrespectful in language toward a noncommissioned officer. 5. On 27 May 1992, he was given a General Officer Memorandum of Reprimand for driving under the influence of alcohol. 6. On 2 July 1992, his commander notified him that he was initiating action to discharge him under the provisions of paragraph 14-12b of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) for his pattern of misconduct. The reasons for the proposed action was the applicant's repetitive misconduct. The commander further notified the applicant he was recommending that he receive a general discharge under honorable conditions. 7. The commander advised the applicant of his right to: * submit statements in his own behalf * obtain copies of documents that would be sent to the separation authority supporting his proposed separation action * consult with counsel and/or civilian counsel at no expense to the Government within a reasonable time period * request a hearing before an administrative separation board if he had attained 6 or more years of active and reserve service at the time of separation * waive any of these rights in writing * withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 8. After having consulted with counsel, the applicant submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated separation action against him under the provisions of chapter 14 of AR 635-200 for misconduct. He requested military counsel and elected to submit statements in his own behalf. He acknowledged he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him. 9. On 15 July 1992, he submitted a rebuttal statement concerning his discharge. He stated, in part, most of his misconduct was due to poor judgment and some were alcohol-related. He requested and was denied the opportunity to be admitted into an alcohol rehabilitation program. He asked for a second chance to prove himself. 10. On 11 August 1992, an authorized official approved his separation under the provisions of Army Regulation 635-200, chapter 14. He directed issuance of a GD certificate. On 21 August 1992, he was discharged in accordance with the authorized official's decision. 11. On 4 February 1997, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge. REFERENCES: Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. a. Chapter 14 of the regulation dealt with separation for various types of misconduct. Paragraph 14-12b provided for the separation of a Soldier due to a pattern of misconduct. That included discreditable conduct and conduct prejudicial to good order and discipline including conduct in violation of the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army regulations, the civil law, and time-honored customs and traditions of the Army. The issuance of a discharge under other than honorable conditions was normally considered appropriate for separations under the provisions of chapter 14. b. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate. DISCUSSION: 1. The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans benefits. 2. His contention that he was very young at the time of his discharge is noted; however, there is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military service obligation. 3. Evidence shows the applicant was properly and equitably discharged in accordance with regulations in effect at the time. The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case. The records contain no indication of procedural or other errors that would have jeopardized his rights. 4. It is clear his entire period of service was considered in that he received a general discharge under honorable conditions rather than a discharge under other than honorable conditions which is normally considered appropriate in chapter 14 separations. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012550 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012550 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2