BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000660 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: 23 May 2017 DOCKET NUMBER: AR20160000660 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: 23 May 2017 DOCKET NUMBER: AR20160000660 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 undesirable discharge (UD) be upgraded to an under honorable conditions (general) discharge (GD). 2. The applicant states being only 17 years old, he was young and naïve when he enlisted. He had dropped out of school in 10th grade to support his family. He was willing to try his best for his mother and brother who were depending on him and his income. Since his discharge he has worked in the industrial field, gotten married, and raised a family of five children who have all grown up to be productive citizens. He is now disabled due to a lawn mower accident in 2013. He has learned the valuable lesson over the last 40 years to not take for granted what you do with time. He considers himself a better person for the time he spent in the Army. He considers himself a responsible, well rounded person for all of his experiences. 3. The applicant provides two letters of support and a copy of his DD Form 214 (Report of Separation from Active Duty). 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 10 October 1973 at 17 years of age. He completed basic combat, advanced individual, and basic airborne training, and he was awarded military occupational specialty 76Y2P (Armorer/Unit Supply Specialist – Parachute Qualified). 3. The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, as follows on: * 6 February 1974, for failure to go to his place of duty (guard mount) * 23 April 1974, for failure to obey a lawful order * 22 July 1974, for failure to obey a lawful order 4. The applicant was absent without leave (AWOL) from 26 August 1974 until he was apprehended on 17 December 1974 and placed in military pre-trial confinement. 5. On 31 December 1974 court-martial charges for AWOL were preferred. 6. On 7 January 1975, the applicant was afforded a Mental Status Evaluation that found no abnormalities and indicated the applicant was able to understand and participate in any Board proceedings. 7. On 15 January 1975, after consulting with counsel and being advised of his rights and options, the applicant submitted a formal request under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for discharge for the good of the service (in lieu of trial by court-martial for an offense punishable by a bad conduct or dishonorable discharge). He acknowledged that he was guilty of the charge or of a lesser charge included offense which authorized the imposition of a bad conduct or dishonorable discharge. He also acknowledged that if the request was accepted, he could receive a discharge under other than honorable conditions and be furnished a UD Certificate. He acknowledged that such a discharge would deprive him of many or all of his benefits as a veteran, and that he could expect to experience substantial prejudice in civilian life if he received a UD. 7. On 10 February 1975, the general court-martial convening authority approved the applicant's request and directed he be reduced to the lowest enlisted grade and discharged with a UD. 8. The applicant's DA Form 20 (Enlisted Qualification Record) provides the following: * highest grade held private 2 (E-2) * award of the: * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 9. On 4 March 1975, the applicant was discharged with a UD. His DD Form 214 shows he had 11 months and 11 days of creditable service with 113 days of lost time and 34 days in an excess leave status. His awards are listed as the National Defense Service Medal and the Parachutist Badge. 10. On 20 August 1979, the Army Discharge Review Board (ADRB) denied the applicant's request to upgrade his discharge and did not deem it appropriate to change his narrative reason for discharge. 11. The letters of support describe the applicant as a quiet, humble, goal oriented person who always finishes the task he has undertaken. He cares deeply about his family, religion, and community. REFERENCES: Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. It provides the following: a. An honorable discharge (HD) is a separation with honor. The honorable characterization of service is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty. b. A general discharge (GD) is a separation under honorable conditions issued to a Soldier whose military record was satisfactory but not so meritorious as to warrant an honorable discharge. c. An under other than honorable conditions (UOTHC) discharge is issued when there is one or more acts or omissions that constitute a significant departure from conduct expected of a Soldier. d. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A UOTHC discharge (i.e., a UD) is normally considered appropriate. DISCUSSION: 1. The applicant's voluntary request for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, for the good of the service, in lieu of trial by court-martial, was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress. The characterization of service he received was commensurate with the reason for his discharge. 2. The applicant’s post-service good citizenship is noted. Good post-service conduct alone is not normally a basis for upgrading a characterization of service. 3. The applicant's age at enlistment is noted. There is no evidence indicating he was less mature than other Soldiers who enlisted at age 17 and went on to successfully complete their military service obligations. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000660 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000660 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2