BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160000632 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: 21 November 2017 DOCKET NUMBER: AR20160000632 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: 21 November 2017 DOCKET NUMBER: AR20160000632 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 the characterization of his service. 2. The applicant states he was a young man who made a mistake that haunts him to this day. 3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and an NGB Form 22 (Report of Separation and Record of Service). 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. On 10 May 1979, the applicant, then approximately 17 years and 10 months of age, enlisted in the U. S. Army Reserve with parental consent. He served in the Army National Guard from 25 August 1979 to 24 March 1980, until he was discharged to enlist in the Regular Army. 3. The applicant’s records are incomplete, they consist of promotion orders, a Standard Form (SF) 88 (Report of Medical Examination) and an SF 93 (Report of Medical History) documenting his enlistment physical examination, and some other enlistment documents. 4. He entered the Regular Army on 8 April 1980, at age 18. Orders 050-004, 101st Airborne Division, dated 19 February 1981, show he was promoted to the rank of specialist four, effective 1 March 1981. 5. His DD Form 214 (a redacted copy) shows on 7 October 1981, he was administratively discharged due to conduct triable by court-martial (i.e., under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel)), with an under other than honorable conditions character of service. He completed 1 year and 6 months of creditable active service during this period. He also completed 3 months of prior active service and 7 months and 29 days of prior inactive service. 6. His DD Form 214 shows he was authorized the Air Assault Badge, Parachutist Badge, Expert Infantryman Badge, Marksman Marksmanship Qualification Badge (Rifle), and Army Service Ribbon. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. 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. b. Paragraph 3-7b states 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. c. Chapter 10 of that regulation provides, in pertinent part, 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states 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 available records show the applicant was administratively discharged under the provisions of chapter 10, Army Regulation 635-200, due to conduct triable by court-martial with service characterized as under other than honorable conditions. 2. The ABCMR begins its consideration of each case with the presumption of administrative regularity. It decides cases based on the evidence of record and the evidence submitted with the application, the Board is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. In the absence of evidence showing otherwise, it is presumed that the applicant's separation processing was conducted in accordance with the applicable regulations. The characterization of service he received is commensurate with the reason for his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2