ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  23 May 2019

	DOCKET NUMBER:  AR20180015594


APPLICANT REQUESTS:  his uncharacterized discharge be upgraded to a general or 
an honorable discharge. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Forms 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), with self-authored statement dated          
22 October 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), 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 his record is unjust because it shows he committed some 
serious crimes.

3.  The applicant enlisted in the U.S. Army Reserve on 27 December 1982.  He was 
ordered to Initial Active Duty Training on 6 January 1983 and reported to basic training 
on 15 February 1983.

4.  The applicant service records document an extensive history of counseling by 
various members of his chain of command on at least 7 occasions between 22 February 
1983 and 17 March 1983.  His DA Forms 4856 (General Counseling Form) show he 
was counseled for various reasons, including but not limited to, being a constant 
problem and disruptive influence, failing to cooperate with peers, failing to follow 
instructions, having a negative attitude, assaulting another Soldier, leaving the company 
training area without a pass, breaking restriction, and drinking on duty. 

5.  The applicant accepted non-judicial punishment (NJP) on 10 March 1983, under the 
provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), for willfully 
disobeying a lawful order from his superior non-commissioned officer, on or about  
28 February 1983.

6.  The applicant's commander notified the applicant on 14 March 1983 that he was 
initiating actions to discharge him under the provisions of Army Regulation 635-200 
(Personnel Separations), Chapter 11 (Trainee Discharge Program).  The commander 
stated the applicant's lack of self-discipline, motivation and attitude, and his 
unwillingness to become a productive Soldier in the Army. 

7.  The applicant acknowledged receipt of the proposed separation memorandum.  He 
was advised of the basis for his contemplated separation and its effects, the rights 
available to him, and the effects of a waiver of his rights.  He acknowledged that he 
understood that if his discharge was approved, he would receive an entry level 
separation with an uncharacterized service.  He further acknowledged that Department 
of Veterans Affairs (VA) and other benefits normally associated with completion of 
active service would be affected.  He elected not to consult with counsel, elected not to 
make a statement or submit a rebuttal in his behalf, and waived a separation medical 
examination.

8.  The applicant’s immediate commander formerly recommended the applicant’s 
separation on 15 March 1983, under the provisions of Army Regulation 635-200, 
Chapter 11, for having no military bearing, fighting in his platoon, receiving a Company 
Grade Article 15 for disrespecting an NCO, going absent without from confinement to 
buy beer, and receiving a Field Grade Article 15 after returning from confinement.  

9.  The applicant's intermediate commander also recommended approval of the 
applicant's discharge on 15 March 1983.  He remarked that the applicant was 
undisciplined, untrainable and a disruption.

10.  Consistent with the chain of command recommendations, the separation authority 
approved the applicant's discharge on 21 March 1983 in accordance with Army 
Regulation 635-200, Chapter 11.  

11.  Order 058-777, issued by Headquarters, U.S. Army Training Center and Fort 
Jackson, Fort Jackson, SC on 24 March 1983, ordered the applicant's uncharacterized 
discharge effective 25 March 1983.

12.  The applicant was released from active duty on 25 March 1983.  The  
DD Form 220 (Active Duty Report) he was issued shows he was credited with 1 month 
and 15 days of net active service.  



BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The board applied Office of the Secretary of 
Defense standards of liberal consideration and clemency to the complete evidentiary 
record, including the applicant’s statement and did not find any evidence of error, 
injustice, or inequity; the applicant had limited creditable service, no wartime service 
and no mitigating circumstances for the misconduct. The Board agreed that the 
applicant’s discharge characterization is 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.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR may, in its discretion, hold a hearing or request additional evidence or 
opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to 
a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing 
whenever justice requires.

2.  Army Regulation 635-200 sets forth the basic authority 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.

	c.  Chapter 11 of the version in effect at the time provided guidance for the 
separation of personnel because of unsatisfactory performance or conduct (or both) 
while in entry level status.  It states in pertinent part that when separation of a member 
in entry level status is warranted by unsatisfactory performance or minor disciplinary 
infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to 
adapt to the military environment, the member normally will be separated per this 
chapter.  This separation policy applies to enlisted members of the Regular Army, who 
have completed no more than 180 days active duty on current enlistment by the date of 
separation, have demonstrated that they are not qualified for retention for one or more 
of the following reasons:  Cannot or will not adapt socially or emotionally to military life, 
cannot meet the minimum standards prescribed for successful completion of training 
because of lack of aptitude, ability, motivation or self-discipline; have demonstrated 
character and behavior characteristics not compatible with satisfactory continued 
service; or failed to respond to counseling.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180015594

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