BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150014398 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: 15 November 2016 DOCKET NUMBER: AR20150014398 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: 15 November 2016 DOCKET NUMBER: AR20150014398 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 discharge under other than honorable conditions (UOTHC) to honorable. 2. The applicant states: a. He knew he had written some bad checks because of a misunderstanding about deposits into his banking account when he was stationed at West Point, NY. As soon as he found out and started to correct the situation, his unit thought it was an embarrassment so they returned him to Fort Campbell, KY. Once he returned, his battalion commander told him that he would not get to take leave and he felt threatened by his comments. So he left the unit for 2 weeks and then turned himself in. b. He was told he would be discharged for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, and his discharge would change to honorable after 6 months. 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 28 October 1977 for a period of 3 years. He completed his training and was awarded military occupational specialty 76Y (unit supply specialist). 3. Between June 1978 and November 1978, nonjudicial punishment was imposed against him on three occasions for: * failing to go to his appointed place of duty (two specifications) * using disrespectful language toward a staff sergeant * being absent without leave (AWOL) from 4 November 1978 to 8 November 1978 4. He was AWOL again from 9 December 1978 to 4 February 1979. On 6 February 1979, charges were preferred against him for the AWOL period. 5. On 7 February 1979, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, 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 make a statement in his own behalf. In summary, he stated: * he was 19 years old * he completed 12 years of school and 2 years of vocational school * he joined the Army because he thought it was something he could take pride in * after he went to his duty station, it was just a joke * the more he witnessed the madder he got * he wanted to get out of the Army because it did not stand for anything 6. On 21 February 1979, the separation authority approved his voluntary request for discharge and directed the issuance of a discharge UOTHC. 7. On 30 March 1979, 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 1 year, 3 months, and 4 days of creditable active service with 61 days of lost time. His service was characterized as UOTHC. 8. There is no evidence indicating he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. REFERENCES: 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: 1. Although he contends he was informed that his discharge would be upgraded to honorable in 6 months, the U.S. Army has never had a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant requests a change in his or her discharge. Changes may be warranted if the Board determines the character of service or the reason for discharge, or both, was improper or inequitable. 2. His voluntary request for separation 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. 3. The type of discharge directed and the reason for discharge were appropriate considering all the facts of the case. 4. His record of service included three nonjudicial punishments and 61 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 required for an honorable or general character of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014398 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014398 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2