ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 May 2019 DOCKET NUMBER: AR20180001254 APPLICANT REQUESTS: an upgrade of his under honorable conditions discharge to an honorable discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 he would like an honorable discharge because he feels his under honorable conditions discharge was granted because of drugs and maybe nonservice connected disability. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 25 May 1971. b. He served in Germany from 21 October 1971 to 14 May 1972. c. He accepted nonjudicial punishment (NJP) on/for: * 11 January 1972, by having a switch blade knife in his possession * 14 April 1972, fail to go at the prescribed time and appointed place of duty * 8 April 1972, was disrespectful in language towards a superior noncommissioned officer d. On 8 May 1972, his immediate commander notified him of his intent to recommend him for discharge under the provisions of Army Regulation (AR) 635- 212 (Personnel Separations – Unsuitability and Unfitness) paragraph 6b (3) for apathy. The specific reasons are listed as the applicant’s disrespect towards a. superior noncommissioned officer, failing to be at his appointed place of duty, and substandard performance and appearance. e. The applicant consulted with counsel and was advised of the basis for contemplated action to accomplish separation for apathy. He: * declined his case be head by a board of officers * declined appearance before the board * declined making a statement on his behalf * acknowledged he may expect to encounter prejudice in civilian life in the event a general discharge under honorable conditions is issued f. On 8 May 1972, his immediate commander recommended him for discharge under the provisions of AR 635-212 and the issuance of a general discharge g. On 25 May 1972, his intermediate commander recommend him for separation with the issuance of a DD Form 257A, under the provisions of AR 635-212, paragraph 6b (3). h. He was discharged from active duty on 5 July 1972. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged under the provisions of AR 635-212 with an under honorable conditions discharge. He completed 1 year, 1 month and 11 days of active service. It also shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter M16 4. By regulation, AR 635-212 states that an individual is subject to separation when it is clearly established that despite attempts to rehabilitate or develop him as a satisfactory Soldier further effort is unlikely to succeed. 5. In reaching its determination, the Board can consider the applicants’ petition in his service record in accordance with published equity, injustice, or clemency determination guidance. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the relat relatively short term of service completed prior to a pattern of misconduct, as well as a lack of character evidence submitted by the applicant showing he has learned and grown from the events leading to discharge, the Board concluded that the characterization of service received at the time of discharge 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. 5/30/2019 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, 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 (AR) 635-212. (Personnel Separations- Discharge Unfitness and Unsuitability) in effect at the time, sets forth basic authority for the separation of enlisted personnel. An individual is subject to separation when it is clearly established that: a. Despite attempts to rehabilitate or develop him as a satisfactory Soldier further effort is unlikely to succeed. b. Rehabilitation is impracticable (as in cases of confined drug addiction) or he is not amendable to rehabilitation measures (as indicated by medical and/or personal history record. c. An unfitting medical condition (AR 40-501) is not the direct or substantial contributing cause of his unfitness (para 9b). 3. AR 635-200 (Active Duty Enlisted Separations) currently in effect, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-9f (Issuance of an undesirable discharge) states an undesirable discharge is an administrative separation from the service under conditions other than honorable. b. Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’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. c. Paragraph 3-7b (General Discharge) states A general discharge is a separation from the Army under honorable conditions.