ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS




	BOARD DATE:  19 February 2019

	DOCKET NUMBER:  AR20160014634


APPLICANT REQUESTS:  His undesirable discharge be upgraded to an honorable 
discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his discharge was inequitable because the incident that resulted 
in his discharge was irrelevant to his basic training service.  Due to his age and 
maturity, he was not allowed to complete his enlisted term.  Based on military standards 
and policy, he should have been allowed to complete his term.

3.  The applicant enlisted in the Regular Army on 22 February 1973.

4.  The applicant accepted non-judicial punishment (NJP), under the provisions of 
Article 15 of the Uniform Code of Military Justice (UCMJ), on:

*	17 March 1973, for being disrespectful in language towards a noncommissioned 
officer, on or about 9 March 1973
*	8 May 1973, for being absent without leave (AWOL) from on or about 29 April to 
on or about 7 May 1973

5.  Special Court-Martial Order Number 25, dated 25 April 1973, shows the applicant 
was tried before a court-martial on 16 April 1973 and was found guilty of stealing money 
from another Soldier, on or about 11 March 1973.  The convening authority approved 
his sentence on 17 May 1973 and ordered it executed.

6.  The applicant was informed by his immediate commander on 21 May 1973 that 
actions were being initiated to discharge him under the provisions of Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel), paragraph 13-5, for unfitness; 
specifically, for frequent incidents of a discreditable nature with military authorities.

7.  The applicant acknowledged receipt of the proposed separation notification and 
elected not to submit a statement in his own behalf.  He further acknowledged that he 
could expect to encounter substantial prejudice in civilian life if he were issued an 
undesirable discharge.

8.  The applicant's commander formally recommended his separation from service on 
21 May 1973, under the provisions of Army Regulation 635-200, paragraph 13-5, for 
unfitness.  The separation authority approved the separation action on 4 June 1973 and 
directed the issuance of an undesirable discharge.

9.  The applicant was discharged on 6 June 1973.  His DD Form 214 shows he was 
credited with completing 3 months and 7 days of net active service.  His service was 
characterized as under conditions other than honorable conditions.

BOARD DISCUSSION:

After review of the application and all supporting evidence, the Board determined relief 
was not warranted.  Based upon the short time served prior to his misconduct and the 
severity and impact to unit cohesion of his misconduct, the Board found that the 
characterization of service given the applicant at the time of discharged was 
appropriate.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  

	a.  Paragraph 3-7a states 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.  Paragraph 3-7b states a general discharge is a separation from the Army under 
honorable conditions.  When authorized, it is issued to Soldiers whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 13, in effect at that time, applied to separation for unfitness and 
unsuitability.  Paragraph 13-5a (1) provided for the separation for unfitness, which 
included frequent incidents of a discreditable nature.  When separation for unfitness 
was warranted an undesirable discharge was normally considered appropriate.

ABCMR Record of Proceedings (cont)	 AR20160014634

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