BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150014947 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: 16 February 2017 DOCKET NUMBER: AR20150014947 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: 16 February 2017 DOCKET NUMBER: AR20150014947 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 discharge. 2. The applicant states that he served a 12-month overseas tour in Korea and was reassigned to Fort Sill, OK. He was excited about his assignment, he had no blemish on his military record, and he was anticipating promotion to specialist four/pay grade E-4. a. He states that he did not steal anything; his mistake was that he threw away a package in the trash for his roommate. He was severely penalized and faced a court-martial and the possibility of prison. b. He concludes by stating that, prior to the incident, he served his country with pride and honor. He requests favorable consideration of his application. 3. The applicant provides no additional documentary evidence in support of his application. 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 May 1979 for a period of 3 years. He was awarded military occupational specialty 71L (Administrative Specialist). He subsequently completed postal clerk training. a. He served as a postal clerk with the 66th Adjutant General Detachment, Korea, from 17 October 1979 through 9 October 1980. He was promoted to the grade of rank of private first class (E-3) on 15 May 1980. b. He was assigned to Battery A, 4th Training Battalion, Fort Sill, OK, on 17 November 1980. 3. A review of the applicant's military personnel records failed to reveal a copy of a charge sheet or an administrative separation packet. 4. Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, Orders 43-119, dated 12 February 1981, discharged the applicant from the Regular Army on 17 February 1981, in the grade of rank of private (E-1). 5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 15 May 1979 and he was discharged on 17 February 1981 under the provisions of (UP) AR 635-200, chapter 10, based on conduct triable by court-martial with an under other than honorable conditions characterization of service. He had completed 1 year, 9 months, and 3 days of net active service during this period that included 1 year of foreign service. 6. A review of the applicant's military personnel records failed to reveal any evidence that he applied to the Army Discharge Review Board for review of his discharge within its 15-year statute of limitations. REFERENCES: 1. AR 635-200, in effect at the time, 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 under other than honorable conditions is normally considered appropriate. b. Chapter 3, 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. Chapter 3, 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. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends, in effect, that his discharge should be upgraded because he served honorably on active duty for 18 months prior to the incident that led to his discharge. 2. The applicant's successful completion of training and his satisfactory service overseas in Korea are acknowledged. 3. The regulations governing the Board's operation require that the discharge process be presumed to have been in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption. In the absence of evidence to the contrary, the discharge process, the type of discharge, and the characterization of service directed are presumed to have been appropriate. 4. The evidence of record shows the applicant was charged with committing an offense that was serious enough to warrant trial by court-martial. The applicant elected to request administrative discharge in lieu of trial by court-martial. He was reduced to private (E-1), separated under other than honorable conditions, and he failed to complete his 3-year active duty obligation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014947 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014947 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2