ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 May 2019 DOCKET NUMBER: AR20160016839 APPLICANT REQUESTS: His under other than honorable conditions discharge be upgraded to an under honorable conditions (general) discharge and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge or Dismissal From the Armed Forces of the United States) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 when he was in the Army in 1965, his brother was serving in Germany. He should not have been allowed to enlist since he was the surviving son. 3. The applicant enlisted in the Regular Army on 20 June 1966. (check dates_ 4. Special Court-Martial Order Number 235, issued by Headquarters, 5th CST Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ on 26 October 1965, shows the applicant was convicted on 13 October 1965 of being absent without leave (AWOL) from on or about 7 September 1965 through on or about 23 September 1965. 5. Special Court-Martial Order Number 277, issued by Headquarters, 5th CST Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ on 10 December 1965, shows the applicant was convicted on 19 November 1965 of being AWOL from on or about 16 October 1965 through on or about 22 October 1965. 6. Special Court-Martial Order Number 80, issued by Headquarters, 5th CST Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ on 1 April 1966, shows the applicant was convicted on 29 March 1966 of being AWOL from on or about 11 February 1966 through on or about 1 March 1966, and of violating the conditions of his parole by absenting himself without authority and remaining absent until being apprehended by civil authorities on 28 February 1966. 7. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge process. However, his record contains a duly- constituted DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he was discharged on 20 June 1966, under the provisions of Army Regulation 635-208 (Personnel Separations – Discharge – Unfitness), by reason of unfitness. His service was characterized as under other than honorable conditions. 8. The Applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations; however, the board denied his request on 3 May 1967, determining that in effect the discharge was equitable. BOARD DISCUSSION: After reviewing the applicant and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board concluded that it could make a fair and just decision on the application without a personal appearance from the applicant. Additionally, based upon a pattern of misconduct which led to the discharge and a lack of character evidence presented by the applicant showing he has learned and grown from the events leading to the administrative separation, the Board concluded that the characterization of service received at the time of discharge was appropriate. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant X X X Deny 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. 5/21/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, U.S. Code, 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 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 (Active Duty Enlisted Administrative Separations) governs the policies and procedures for the separation of enlisted personnel. a. 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. b. 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. 3. Army Regulation 635-208, in effect at the time, contained the policy and outlined the procedures for separating individuals for unfitness. It provided that individuals would be discharged by reason of unfitness when it was clearly established that despite attempts to develop him as a satisfactory Soldier, further effort was unlikely to succeed, rehabilitation was impracticable, and the individual was not amenable to rehabilitation. This regulation prescribed that an individual discharged for unfitness would be furnished an undesirable discharge, except when an honorable or a general discharge was warranted by the particular circumstances.