IN THE CASE OF: BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150016428 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: 24 January 2017 DOCKET NUMBER: AR20150016428 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: 24 January 2017 DOCKET NUMBER: AR20150016428 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the words, "under" and, "conditions" from item 13a (Character of Service). 2. The applicant states, in effect, item 13a of his DD Form 214 for the period ending 7 June 1971, inaccurately reflects, "under honorable conditions." For no reason, the clerk who prepared his DD Form 214 added the words, "under," and "conditions." He wants this changed so that if his children or grandchildren pull his records they will see he served honorably. 3. The applicant provides correspondence with his Congressional Representative, his DD Form 214 for the period ending 7 June 1973, and his Honorable Discharge Certificate, dated 31 October 1974. 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 was inducted into the Army of the United States on 14 May 1970. His records indicate after completing basic combat training, he went absent without leave (AWOL) on 10 July 1970 and remained absent until 8 November 1970 (a period of 122 days). He returned to military control 9 November 1970 and was placed in confinement until 17 November 1970. 3. He again departed his unit in an AWOL status from on 18 November 1970 to 9 May 1971 (a period of 170 days). Civilian authorities apprehended him and returned him to military control. He was placed in confinement on 12 May to 19 May 1971. 4. On, or about 31 May 1971, he departed his unit once again in an AWOL status, and remained absent until 2 June 1971. After returning to military control, he was placed in confinement. 5. On 7 June 1971, consistent with his plea, he was convicted by a special court-martial for two specifications of AWOL (10 July to 2 November 1970 and 21 November 1970 to 10 May 1971, respectively). The court sentenced him to confinement at hard labor for 5 months, and forfeiture of $89 per month for 6 months. The convening authority approved the sentence and ordered it duly executed on 17 June 1971. 6. Special Court-Martial Order (SPCMO) Number 429, dated 12 July 1971, issued by the U.S. Army Correctional Training Facility, suspended, until 18 August 1971, the unexecuted portion of his sentence dealing with the forfeiture of pay. 7. SPCMO Number 501, dated 9 August 1971, U.S. Army Correctional Training Facility, remitted the unexecuted portion of his confinement. 8. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 38 (Record of Assignments), under the headings of "Conduct" and "Efficiency," were the following entries: * 25 May 1970: basic combat training, "Excellent/Excellent" * 17 August 1970 to 17 June 1971: U.S. Army Special Processing Battalion/U.S. Army Personnel Confinement Facility/U.S. Army Correctional Holding Detachment, "Unsatisfactory/Unsatisfactory" * 23 June 1971: U.S. Army Correctional Training Facility, "Good/Good" * 29 August 1971: advanced individual training, "Excellent/Excellent" * ratings are blank for the remaining period of service b. Item 44 (Time Lost under Section 972, Title 10, U.S. Code) [AWOL: 294 days; confinement: 96 days; total: 390 days]: * 10 July to 8 November 1970 (122 days): absent without leave (AWOL) * 9 November to 17 November 1970 (9 days): confinement * 21 November 1970 to 9 May 1971 (170 days): AWOL * 10 May to 11 May 1971 (2 days): IHCA (In Hands of Civil Authorities) * 12 May to 19 May 1971 (8 days): confinement * 31 May to 1 June 1971 (2 days): AWOL * 2 June to 6 June 1971 (5 days): pretrial confinement * 7 June to 17 August 1971 (72 days): confinement 9. He was released from active duty under honorable conditions on 7 June 1973. His DD Form 214 showed he completed 2 years of net active creditable service, with 390 days of lost time. The authority was Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). The separation program number (SPN) was 201 (Expiration of Term of Service). 10. Letter Orders Number 10-1329529, dated 30 October 1974, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, discharged the applicant from the U.S. Army Ready Reserve, effective 31 October 1974. 11. The applicant provides an Honorable Discharge Certificate, showing he was honorably discharged from the Army effective 31 October 1974. REFERENCES: AR 635-200, in effect at the time, prescribed policies and procedures for enlisted separations. With regard to characterization of service, it stated: a. Character of service would be determined only by the Soldier's military record during the current period of service, and would consider his military behavior and performance of duty. Among the considerations, whether the record showed: * record of lost time due to AWOL and/or confinement * court-martial convictions * conduct and efficiency evaluations * any derogatory information, apart from actions under the Uniform Code of Military Justice (UCMJ) b. An honorable discharge was a separation with honor. The issuance of an honorable discharge was conditioned on proper military behavior and proficient performance of duty. Where there were infractions of discipline, the extent was to be considered. A Soldier was not to be denied an honorable discharge solely because of a specific number of courts-martial convictions or nonjudicial punishments under the provisions of Article 15, UCMJ. Rather, it was the pattern of behavior that was to be the governing factor. c. A Soldier's service was characterized as honorable under the following standards: * conduct ratings of at least "Good" * efficiency ratings of not less than "Fair" * no general courts-martial convictions * not more than one special court-martial conviction d. A general discharge was a separation under honorable conditions when the Soldier's record was not sufficiently meritorious to warrant an honorable discharge. The decision to issue a general discharge was discretionary. If there is evidence that the Soldier's military behavior was proper during a reasonable period of time subsequent to courts-martial conviction, he could still be considered for an honorable discharge. DISCUSSION: 1. The evidence of record shows the applicant was AWOL for a total of 294 days, and in confinement for an additional 96 days. In addition, he was convicted by a special court-martial. His record does not indicate any further instances of misconduct after he served his court-martial sentence. 2. In support of his contention that his character of service should be honorable, he provides an Honorable Discharge Certificate. As shown by letter orders, this certificate is for his service in the USAR, not for his period of active service. Based on the evidence of record, he does not appear to have served in a manner consistent with the requirements for an honorable 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) AR20150016428 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016428 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2