IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017871 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: 18 April 2017 DOCKET NUMBER: AR20150017871 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: 18 April 2017 DOCKET NUMBER: AR20150017871 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 record to upgrade his character of service from under honorable conditions (general) to honorable. 2. He states, in effect, he was told he could petition for an upgrade of his character of service 6 months after his discharge. It has been 24 years now and he believes it is time to move forward with this matter. He stated he was a young dumb kid who made some stupid mistakes, but he served his country in two combat zones (Panama and Operation Desert Storm) with the 82nd Airborne Division. He hopes the Board consider the good things that he did because he really believes the time he served overseas and his stateside service outweigh a couple of bad choices he made as a young man. 3. The applicant provides a self-authored statement. 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 born on 12 July 1971. He enlisted in the Regular Army on 15 June 1989 at the age of 17. 3. He accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice on two occasions for the following infractions: * being absent without leave (AWOL) from on or about 2 July 1990 to 30 July 1990 * dereliction in the performance of his duties by negligently failing to rove and guard his post 4. He served in Southwest Asia from 17 August 1990 to 2 April 1991. 5. He received adverse counseling on three occasions between 30 April and 19 June 1991, which included failing to be at his place of duty on time, writing bad checks, and substandard performance. 6. His separation packet contains the following documents and information, dated 11 June 1991, which shows: a. His company commander notified him of his intent to recommend him for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 14-12b by reason of misconduct - pattern of misconduct. He was advised of his rights. b. He acknowledged notification of separation action, declined consultation with counsel, and did not submit statements in his own behalf. c. On 11 June 1991, the separation authority waived a rehabilitative transfer and directed the applicant be discharged from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct - pattern of misconduct with a characterization of service of general under honorable conditions. 7. His service record contains a memorandum, dated 2 July 1991, that indicates he deployed to Panama for Operation Just Cause on 20 December 1989 and returned on 6 January 1990. 8. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 5 July 1991, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12B, section III, for misconduct - pattern of misconduct. This form shows he received an under honorable conditions (general) character of service, and that he completed 1 year, 11 months, and 23 days of total active military service with 28 days of lost time. 9. His service record does not indicate he applied to the Army Discharge Review Board (ADRB) 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. 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. An under other than honorable conditions discharge is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. b. Paragraph 3-7a states 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. DISCUSSION: 1. The U.S. Army does not have nor has it ever had an automatic discharge upgrade policy. Applicants have the option of applying to the ADRB within that board's 15-year statute of limitations, or to the ABCMR. The Board decides each case individually upon its own merits. 2. Records show the applicant was 18 years of age at the time of his offenses. However, there is no evidence that indicates the applicant was any less mature than other Soldiers of the same age who successfully completed their military service obligations. 3. The applicant's service record shows he received two Article 15s for being AWOL for 28 days and for being derelict in the performance of his duties by negligently failing to rove and guard his post. 4. The applicant's administrative discharge under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of a pattern of misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors, which would have jeopardized his rights. 5. The applicant's overall record of service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation of an honorable discharge. Although a discharge under other than honorable conditions is normally appropriate for the authority and reason for his discharge, it appears that his chain of command and the final approval authority considered his overall record of service resulting in the issuance of a general discharge under honorable conditions. 6. The applicant's service record does not indicate the actions taken in his case were in error or unjust, nor does his misconduct meet the criteria for an honorable character of service as outlined in Army Regulation 635-200, paragraph 3-7. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017871 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2