BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002377 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: 17 August 2017 DOCKET NUMBER: AR20160002377 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: 17 August 2017 DOCKET NUMBER: AR20160002377 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 general discharge to honorable. 2. The applicant states: a. He was charged with being drunk on duty. He does not deny the charges, but believes he has mitigating circumstances. His grandfather, who raised him, passed away and he took his death very hard. He knows what he did was wrong, but at the time he was not thinking straight. He was drinking to dull the pain. b. He asks the Board to reconsider its decision (referring to the Army Discharge Review Board). He was going through a lot of personal issues. He sincerely apologizes for his actions to those who served in the military and his country as well. He wants another chance to serve his country. His life hasn’t been the same since he was discharged. 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 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 19 September 2008 for a period of 4 years. He completed his training and was awarded military occupational specialty 25L (cable systems installer/maintainer). 3. On 2 July 2009, nonjudicial punishment was imposed against him for: * failing to go at the prescribed time to his appointed place of duty (four specifications) * disobeying a lawful command * being drunk on duty (two specifications) * being drunk and disorderly 4. Discharge proceedings were initiated against him for misconduct (patterns of misconduct) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b. His unit commander cited his absences from his appointed place of duty and alcohol-related incidents. 5. On 21 July 2009, he consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if he were issued a general discharge. He elected to submit a statement in his own behalf; however, this statement is not available for review. 6. On 22 July 2009, the separation authority approved the recommendation for discharge and directed the issuance of a General Discharge Certificate. 7. On 8 August 2009, he was discharged under honorable conditions (general) for misconduct under the provisions of Army Regulation 635-200, paragraph  14-12b (patterns of misconduct). He completed 10 months and 20 days of active service. 8. On 20 November 2013, the Army Discharge Review Board denied his request for a discharge upgrade to honorable. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. a. Chapter 3 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. b. Chapter 14, in effect at the time, established policy and prescribed procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense. The issuance of a discharge under other than honorable conditions was normally considered appropriate for a Soldier discharged under this chapter. However, the separation authority could direct a general discharge if such were merited by the Soldier's overall record. DISCUSSION: 1. The applicant contends he was going through a lot of personal/family issues. There is no evidence showing he sought assistance to resolve these issues through his chain of command or the unit chaplain. 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 one nonjudicial punishment for numerous offenses. 4. Although a discharge under other than honorable conditions is normally considered appropriate for the authority and reason for his discharge, he was issued a general discharge under honorable conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2