SAMR-RBA MEMORANDUM FOR Army Review Boards Agency, Case Management Division, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings AR20160001746 The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( X ) OMPF IN THE CASE OF: BOARD DATE: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001746 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 IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20160001746 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. 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. IN THE CASE OF: BOARD DATE: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001746 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 character of service from under conditions other than honorable to general, under honorable conditions. 2. The applicant states, in effect: a. His girlfriend was mentally unstable, suicidal, and pregnant. He was into drugs, drinking heavily, and felt he needed to be by her side to take care of their unborn child. They got married, but shortly thereafter they divorced. b. Once he was out the Army, he remarried, and had four additional children. He attained a job and retired after 40 years with the company. He has since matured into a responsible adult and truly regrets his irresponsible actions as a young man. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 25 September 1962, the applicant enlisted in the Regular Army (RA) at age 17 with parental consent. After completion of training, he served in military occupational specialty 111.00 (Light Weapons Infantryman). 3. On 16 April 1964, the applicant received a psychiatric evaluation. The examining psychiatrist noted: a. Diagnosis: Passive aggressive reaction - chronic, moderate, manifested by immaturity, impulsivity, passive obstructionism, marked dependency upon family with a clinging relationship to them, repeated absence without leave (AWOL). b. Impairment for military duty: severe: c. Conclusion: [He] exhibits a character and behavior disorder which has been shown not to be amenable to hospitalization, treatment, or rehabilitative measures available in the service. d. The applicant was mentally responsible both to distinguish right from wrong and to adhere to the right. He had the capacity to understand and participate in any board proceedings deemed necessary by his chain of command. It was recommended that he be administratively separated from the service under the appropriate regulation. 5. Special Court-Martial (SPCM) Order Number 331, issued by Headquarters, Special Troop Regiment, Fort George G. Meade, MD, dated 22 April 1964, shows he was convicted on 17 April 1964 of being absent without leave (AWOL) from 6 August to 31 October 1963, and from 13 to 26 March 1964. He was sentenced to confinement at hard labor for 1 month and forfeiture of $28.00. 6. A Form 653 (Individual's Statement of Waiver), dated 23 April 1964, shows the applicant acknowledged he had been counseled and advised of the basis for pending separation action under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness). He declined the opportunity to consult with counsel, waived a hearing of his case by a board of officers, and declined to submit a statement in his own behalf. 7. On 27 April 1964, the applicant's immediate commander recommended that he be discharged under the provisions of Army Regulation 635-208 due to unfitness. In the recommendation, the commander noted he had "absented himself without authority on three separate occasions for a total of 115 days of AWOL time...[he also] absented himself without authority on 11 July 1963 after having paid a $50 fine in the Junction City Police Court, Junction City, Kansas, for drunkenness and glass breaking." 8. On 8 May 1964, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-208, by reason of unfitness, and directed the issuance of an Undesirable Discharge Certificate and reduction to the lowest enlisted grade. 9. On 21 May 1964, the applicant was discharged under the provisions of Army Regulation 635-208 for unfitness with an undesirable discharge. His DD Form 214 shows his service was characterized as under conditions other than honorable. He had completed 1 year, 1 month, and 4 days of creditable active service with 203 days of lost time. 10. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-208, then in effect, set forth the policy for administrative separation for unfitness (misconduct). Paragraph 1c(1) of the regulation provided, in pertinent part, for the separation of personnel where there was evidence of an antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, or misconduct. Action to separate an individual was to be taken when, in the judgment of the commander, it was clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory Soldier. When separation for unfitness was warranted, an undesirable discharge was normally issued. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. 3. Army Regulation 635-200, 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: The evidence shows the applicant was properly and equitably discharged in accordance with the applicable regulations, all requirements of law and regulations were met, and his rights were fully protected throughout the separation process. The separation authority determined his service warranted issuance of an Undesirable Discharge Certificate, and his DD Form 214 shows a character of service commensurate with the discharge certificate he received. //NOTHING FOLLOWS//