BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003184 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: 14 September 2017 DOCKET NUMBER: AR20160003184 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: 14 September 2017 DOCKET NUMBER: AR20160003184 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. On 9 December 2005, he received an upgrade of his characterization of service to under honorable conditions (general). b. He has made several major changes in his life since March 2002. c. He wants to further his education. He has been denied his educational benefits because of his general discharge. His chapter 30 (Montgomery GI Bill) benefits should have been awarded to him under his first enlistment. d. The 11 September 2001 event impacted thousands of veterans' lives and he was one of them. He and his family were grounded in Chicago, Illinois, and were cast out of the airport with no place to go. After this event happened, he made choices he is not proud of that led to his downhill spiral. He now knows his actions were due to his illness (alcoholism). He does not deny his actions were wrong and he would make different decisions as to how he handled himself if he could go back in time. e. He is a service-connected disabled veteran. He has obtained an associate's degree and is 3 credit hours from getting his bachelor's degree in occupational safety and health. He would like to get his master's degree. His dream is to help other veterans the same way he has been helped over the last several years. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * letters from the Department of Veterans Affairs, dated 19 October 2015 and 5 January 2016 * letter from the Army Discharge Review Board (ADRB), dated 9 December 2005 * ADRB Case Report and Directive * DD Form 215 (Correction to DD Form 214) * vocational rehabilitation guidelines * rehabilitation plan * associate's degree 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 November 1996 for a period of 3 years. On 29 November 1999, he was honorably discharged for immediate reenlistment. He reenlisted on 30 November 1999 for a period of 4 years. 3. On 7 February 2000, he was issued a general officer memorandum of reprimand for drunk driving. 4. On 3 October 2001, he was declared an Alcohol and Drug Abuse Prevention and Control Program rehabilitation failure. 5. On 19 October 2001, nonjudicial punishment (NJP) was imposed against him for failing to go to his appointed place of duty and wrongful overindulgence. 6. On 30 November 2001, a bar to reenlistment was imposed against him. 7. On 17 December 2001, NJP was imposed against him for being disrespectful toward a superior commissioned officer, attempting to kick a superior commissioned officer, disobeying a lawful order from a superior commissioned officer, assaulting two noncommissioned officers, refusing to submit to a breath test, and disorderly conduct. 8. 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 commander cited his pattern of misconduct as the basis for the separation recommendation. 9. On 26 December 2001, he consulted with counsel and submitted a conditional waiver for an administrative separation board contingent upon receiving a general discharge. On 12 January 2002, the separation authority denied his conditional waiver and directed that he appear before an administrative separation board. On 19 February 2002, the board of officers convened and recommended the applicant's separation with a discharge under other than honorable conditions (UOTHC). 10. On 21 February 2002, the separation authority approved the findings and recommendation of the board and directed the applicant's discharge UOTHC. 11. On 19 March 2002, he was discharged UOTHC for misconduct under the provisions of Army Regulation 635-200, paragraph 14-12b (patterns of misconduct). He completed a total of 5 years, 4 months, and 1 day of active service. Item 18 (Remarks) of his DD Form 214 contains the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM: 19961119-19991129." 12. On 9 December 2005, the ADRB upgraded his discharge UOTHC to general under honorable conditions based on his service of sufficient length and merit. 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 UOTHC 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 wants his general discharge upgraded so he can qualify for Montgomery GI Bill benefits. 2. His post-service accomplishments are commendable. However, good post-service conduct alone is normally not a basis for upgrading a discharge. 3. His administrative separation for misconduct was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. 4. His record of service during his last enlistment included a general officer memorandum of reprimand for drunk driving, his failure to complete the Alcohol and Drug Abuse Prevention and Control Program, a bar to reenlistment, and two NJPs for numerous offenses. 5. The ADRB upgraded his discharge UOTHC to general under honorable conditions in 2005 based on his service of sufficient length and merit. 6. The remarks block of his DD Form 214 contains the entry "CONTINUOUS HONORABLE ACTIVE SERVICE FROM: 19961119-19991129." Any questions he may have regarding his eligibility for Montgomery GI Bill benefits should be directed to the Department of Veterans Affairs. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003184 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2