BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001232 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: 24 August 2017 DOCKET NUMBER: AR20160001232 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: 24 August 2017 DOCKET NUMBER: AR20160001232 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 his under other than honorable conditions discharge to a general discharge * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all the awards he is authorized 2. The applicant states during his time in the Army he was a young man and he made some poor decisions. He has since learned responsibility as well as better character for himself and others associated with him. He values his well-being and his surroundings and has gained the utmost respect for authority. He believes he has accepted responsibility for his actions and he has learned from his past mistakes and experiences. 3. The applicant provides no additional evidence. 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 the cases 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. 2. The applicant was born in May 1958. He enlisted in the Regular Army (RA) on 26 March 1985, for 3 years, with prior U.S. Army Reserve enlisted service. At the time of his RA enlistment, he was 25 years of age. 3. He held military occupational specialty 57E (Laundry and Bath Specialist). He was promoted to E-3 on 1 September 1985. 4. He received nonjudicial punishment under Article 15, Uniform Code of Military Justice, on/for: * 13 February 1986 – disobeying a lawful order from his noncommissioned officer; his punishment consisted of a reduction to pay grade E-2, a suspended forfeiture of $150 pay, and restriction and extra duty for 14 days * 30 April 1986 – wrongfully using marijuana on or about 16 January 1986; his punishment consisted of a reduction to E-1, a forfeiture of $150 pay, and restriction and extra duty for 14 days 5. He was reported absent without leave (AWOL) from 12 May to 2 August 1986, which was until he was apprehended civilian authorities and returned to military control. 6. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * Item 5 (Overseas Service) – no entries * Item 9 (Awards, Decorations, and Campaigns) – Army Service Ribbon 7. His record is void of evidence showing he was authorized additional awards for his period of service. 8. His record is also void of the complete facts and circumstances surrounding his discharge; however, his records contain a statement, subject: Admission of AWOL for Administrative Purposes, dated 13 August 1986, that he signed acknowledged he knowingly, willingly, and voluntarily declared he was AWOL from 12 May to 2 August 1986. He also acknowledged, after counseling, that he understood he could receive an under other than honorable discharge and the result of the issuance of such a discharge. 9. A DD Form 214 shows he was discharged in pay grade E-1 on 19 September 1986, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations, Enlisted Separations), chapter 10. He service was characterized as under other than honorable conditions. He was credited with completing 1 year, 3 months, and 2 days of active service and had 82 days of time lost. He was authorized the Army Service Ribbon. 9. There is no indication he petitioned the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. REFERENCES: 1. AR 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. The regulation stated in: a. Chapter 10 – A member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for a discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must include the individual’s admission of guilt. The Soldier was required to sign the request indicating he understood he could receive an under other than honorable conditions discharge and the results of the issuance of such a discharge. Although an honorable or general discharge was authorized, an under other than honorable conditions discharge was normally considered appropriate. b. Paragraph 3-7a – An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate. c. Paragraph 3-7b – A general discharge was a separation from the Army under honorable condition. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated the DD Form 214 would list all awards authorized. DISCUSSION: 1. The applicant's record is void of the complete facts and circumstances surrounding his discharge; however, it appears after his return from being AWOL, court-martial charges were preferred against him and, after consulting with counsel, he voluntarily, willingly, and in writing requested discharge from the Army. Discharge actions processed under the provisions of chapter 10, AR 635-200 are voluntary requests for discharge in lieu by court-martial. 2. There is no evidence showing he was any less mature than any other Soldier of the same age who honorably completed their terms of service or that his actions were a result of his age. 3. In the absence of evidence showing otherwise, it is presumed his administrative separation was accomplished in compliance with applicable regulations with no procedural errors that would have jeopardized his rights. The characterization of service he received was commensurate with the reason for his discharge. 4. There is no available evidence showing he was awarded or authorized any additional awards for his period of military 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) AR20160001232 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001232 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2