BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018468 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: 13 April 2017 DOCKET NUMBER: AR20150018468 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: 13 April 2017 DOCKET NUMBER: AR20150018468 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 under other than honorable conditions discharge be upgraded to an honorable discharge. 2. The applicant states upon his release from the service, his commanding officer informed him that his discharge would automatically be upgraded to honorable after one year. 3. The applicant provides no additional evidence in support of his request. 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 2 June 1964 and was honorably discharged on 5 October 1965 for the purpose of immediate reenlistment. He reenlisted on 6 October 1964, in the rank/grade of private first class (PFC)/E-3. 3. The applicant accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following dates: a. On 19 December 1966, in the Federal Republic of Germany, for absenting himself from his unit without proper authority (AWOL) on or about 2 December 1966, and for remaining absent until on or about 9 December 1966. b. On 20 February 1967, in the Federal Republic of Germany, for being disrespectful toward a superior commissioned officer on or about 16 February 1967. 4. Special Court-Martial Order Number 1967, issued by the U.S. Army Armor Center, Fort Knox, KY on 7 December 1967, shows the applicant was found guilty of violating Article 86 of the UCMJ; specifically, he was convicted on 24 November 1967 of two specifications of AWOL, from on or about 4 September 1967 through on or about 18 September 1967 and from on or about 20 September 1967 through on or about 16 November 1967. 5. The sentence was adjudged on 4 December 1967; his sentence consisted of confinement at hard labor for three months. The sentence was approved and ordered to be executed. 6. Special Court-Martial Order Number 1296, issued by Headquarters, Special Troops, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO on 26 February 1968, shows the applicant was found guilty of violating Article 86 of the UCMJ; specifically, he was convicted on 15 February 1968 of AWOL, from on or about 20 December 1967 through on or about 23 January 1968. 7. The sentence was adjudged on 21 February 1968; his sentence consisted of confinement at hard labor for four months. The sentence was approved and ordered to be executed. 8. The applicant underwent a mental status evaluation by a licensed psychiatrist on 21 March 1968, which showed he was diagnosed with severe chronic passive aggressive personality. It shows his AWOLs resulted from his inability to spend more time with his family. It further stated he seemed poorly motivated to continue to be successful in the military and to make the necessary adjustments toward this goal. His condition was found to be not medically disqualifying, in accordance with applicable military regulations, and he was cleared psychiatrically for any decision deemed appropriate by the command. 9. Special Court-Martial Order Number 702, issued by Headquarters, U.S. Army Training and Fort Leonard Wood, Fort Leonard Wood, MO on 24 April 1968, shows the applicant's unexecuted portion of the sentence of hard labor was remitted effective 25 April 1968. 10. Special Orders Number 115, issued by U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO on 24 April 1968, discharged the applicant under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability). It shows his discharge resulted from an elimination board and the type of discharge he received was an under other than honorable condition discharge, effective 25 April 1968. 11. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge process. However, with the order, his record contains a duly-constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which identifies the authority and reason for his discharge. 12. The applicant's DD Form 214 confirms he was discharged on 25 April 1968, under the provisions of Army Regulation 635-212, by reason of unfitness (frequent involvement in incidents of discreditable nature with civil or military authorities). He completed 1 year, 8 months, and 23 days of net service this period, with 3 years and 27 days of total active service. He accrued 239 days of lost time during this period, he received an under other than honorable conditions characterization of service upon his discharge, and he was issued an Undesirable Discharge Certificate. 13. There is no indication the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-212, then in effect, set forth the policy for administrative separation for unfitness. It provided, in pertinent part, that individuals would be discharged by reason of unfitness when their records were characterized by one or more of the following: frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction, an established pattern of shirking, and/or an established pattern showing dishonorable failure to pay just debts. This regulation also prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or an honorable discharge. 2. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic policy for the separation of enlisted personnel. a. 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. b. 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. The applicant's request for an upgrade of his under other than honorable conditions discharge was carefully considered. 2. The evidence of record confirms the applicant demonstrated he could not or would not meet acceptable standards required of Army personnel, as evidenced by his record of indiscipline including NJP for displaying disrespect toward a superior commissioned officer, AWOL, his two convictions by special courts-martial of AWOL, and his accumulation of 239 days of lost time. 3. The applicant's record is void of the specific facts and circumstances surrounding his discharge; however, his records contain a duly-constituted DD Form 214 that confirms he was discharged under the provisions of Army Regulation 635-212, by reason of unfitness, frequent involvement in incidents of discreditable nature with civil or military authorities, with an under other that honorable conditions characterization of service. 4. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. He has provided no information that would indicate the contrary or that either his discharge or characterization of his service was in error or unjust. 5. The applicant contends he was told that upon his release from the service, his discharge would automatically be upgraded to honorable after one year. The U.S. Army does not have, nor has it ever had, a policy that allows for the automatic upgrade of discharges based on the passage of time. Each case is decided on its own merits when an applicant requests a change. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018468 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018468 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2