BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001725 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: 8 August 2017 DOCKET NUMBER: AR20160001725 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: 8 August 2017 DOCKET NUMBER: AR20160001725 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 discharge under other than honorable conditions (UOTHC) to honorable. 2. The applicant states: a. He was 17 years old and did a foolish thing. He got in trouble with the law one time. Before this happened, he was a good Soldier and his unit was planning to send him to the U.S. Army Sniper School before the incident. b. He is very sorry for what he did and wants his military service to reflect the good he did instead of the one bad act. 3. The applicant provides: * service personnel records * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Form 214 (Certificate of Release or Discharge 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 was born on 5 December 1962. At age 17, he enlisted in the Regular Army on 17 March 1980 for a period of 3 years. 3. While in advanced individual training, on 4 August 1980, he was apprehended by civil authorities at Fort Campbell, Kentucky, pending charges for armed robbery in Georgia. On 3 October 1980, in accordance with his plea, he was convicted of robbery by intimidation, and sentenced to an indefinite period of time under the Youthful Offender Act. (The Youthful Offender Act is a provision in Georgia law whereby youthful offenders are sentenced to confinement for a period of time not to exceed 6 years in length.) 4. On 4 December 1980, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, for misconduct (conviction by a civil court). His unit commander cited his conviction by civil court as the reason for the recommended action. 5. On 4 December 1980, he acknowledged notification of the proposed separation action and requested an administrative separation board. 6. On 26 February 1981, the administrative separation board recommended his discharge UOTHC. 7. On 6 April 1981, the separation authority approved the recommendation of the administrative separation board and directed the issuance of a discharge UOTHC. 8. On 8 April 1981, he was discharged UOTHC for misconduct (conviction by civil court) under the provisions of Army Regulation 635-200, chapter 14. He completed 4 months and 13 days of creditable active service with 248 days of lost time. 9. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. REFERENCES: Army Regulation 635-200 sets forth the basic authority for 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 (military or civilian 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. A discharge UOTHC is normally appropriate for a Soldier discharged under this chapter. b. 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. c. 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. Although the applicant was 17 years of age when he enlisted, there is no evidence indicating he was any less mature than other Soldiers of the same age who successfully completed their military terms of service. 2. His administrative separation for misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. 3. His brief record of service included a civil conviction for robbery and 248 days of lost time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001725 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2