IN THE CASE OF: 

		BOARD DATE: 2 September 2021

		DOCKET NUMBER: AR20210008737


APPLICANT REQUESTS:

*	correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) for the period ending 15 August 1985 to show he completed 2 years of 
active service
*	a personal appearance before the Board

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)
*	three letters of recommendation

FACTS:

1.  The applicant did not file within the 3-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 he was having major marital issues during his time in service, 
which resulted in unwanted stress and severe depression. He was newly married to his 
then wife and was a stepfather to her 3-year old daughter. He and his wife were both 
young, irresponsible, and unaware of the toll and pressure of marriage and being away 
from family would have on them.

	a.  His wife was involved in several extramarital affairs and he was not sure how to 
handle that so early in their marriage. She was once caught with another man while 
they were out with another couple. She then locked him out of the house and called the 
police. He was arrested, but later released after the couple they were with explained 
what had happened earlier.

	b.  During his wife's affairs, she became pregnant with their first child. He received a 
call from a man who claimed to be the child's father. This raised issues from previous 
fallout and discoveries. The list of issues is ongoing and brought on the stress and 
depression.

	c.  After leaving the military, things were rough for him mentally as well as in his 
marriage. He and his wife eventually divorced. He struggled with keeping a job as well 
as getting into trouble with the law. It took him years to get his life back on track. He 
returned to school; earned his heating, ventilation, and air conditioning certification; and 
began advancing in his career. He is now remarried and he and his current wife have a 
12-year old daughter.

3.  On 28 December 1983, he enlisted in the Regular Army.

4.  He accepted nonjudicial punishment under the provisions of Article 15, Uniform 
Code of Military Justice, on the following dates for the offenses indicated:

	a.  5 June 1985, for one specification of failing to go to his appointed place of duty;

	b.  17 July 1985, for one specification of failing to answer his telephone while having 
knowledge of a recall to duty; and

	c.  22 July 1985, for one specification of disobeying a lawful order from a senior 
noncommissioned officer.

5.  On 30 January 1985, he underwent a mental status evaluation. His DA Form 3822-R 
(Report of Mental Status Evaluation) shows he was deemed to possess the mental 
capacity to understand and participate in proceedings. No further remarks were noted.

6.  On 22 July 1985, he was notified of his commander's intent to initiate involuntary 
separation action against him under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), chapter 13 (Separation for 
Unsatisfactory Performance) for being absent without leave for 6 days, receiving 
nonjudicial punishment multiple times, and for disobeying orders.

7.  After consulting with legal counsel, he acknowledged:

*	general under honorable conditions is the least favorable characterization of 
service he may receive
*	he may expect to encounter substantial prejudice in civilian life if a general 
discharge under honorable conditions is issued to him

8.  On 26 July 1985, his commander initiated separation action against him under the 
provisions of Army Regulation 635-200, chapter 13.

9.  On 26 July 1985, the separation approval authority directed the applicant's 
separation under the provisions of Army Regulation 635-200, chapter 13, and issuance 
of a general discharge under honorable conditions.

10.  On 12 August 1985, his mental status was evaluated because of his request for 
discharge for the good of service. His DA Form 3822-R shows he was deemed to 
possess the mental capacity to understand and participate in proceedings. No further 
remarks were noted.

11.  On 15 August 1985, he was discharged under honorable conditions. Item 12c (Net 
Active Service This Period) of his DD Form 214 shows he completed 1 year, 7 months, 
and 12 days of net active service during this period.

12.  On 1 July 2020, P____ L____ wrote a letter of recommendation for employment on 
behalf of the applicant. He stated he has known the applicant for 9 years and has been 
consistently impressed with both the applicant's attitude toward his work and his job 
performance. The applicant's interpersonal and communication skills have allowed him 
to develop productive working relationships with clients and staff. He would recommend 
the applicant for employment without reservation.

13.  On 18 September 2020, D____ W____ wrote a letter of recommendation for 
employment on behalf of the applicant. She states she has known the applicant for 
several years through mutual employment. She further states the applicant excelled in 
his job, exhibiting one of the highest levels of productivity she has seen. She is grateful 
for his contributions to their office and is confident that he has the intelligence, work 
ethic, and communication skills to add value wherever he works.

14.  On 18 September 2020, C____ B____ wrote a letter of recommendation for 
employment on behalf of the applicant. She states she and the applicant are friends and 
she has known him for a very long time. She further states he would be a great addition 
to any company, as he is a hard-working, professional, and punctual individual. She is 
confident any company would not regret its decision to hire him.

15.  On 28 May 2021, the Army Review Boards Agency Case Management Division 
requested medical documents from the applicant submit the applicant in support of his 
mental health issues (stress and depression) and placed his case on administrative hold 
for 30 days. The applicant did not reply.




BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is not warranted.  The Board also found the available evidence sufficient to fully and 
fairly consider this case without a personal appearance by the applicant. 

2.  The applicant was administratively discharged due to unsatisfactory performance 
prior to completing 2 years of active duty service.  The Board found insufficient evidence 
to support a conclusion that his discharge was improper or that he should have been 
retained until he had completed 2 years of active duty service.  Based on a 
preponderance of the evidence, the Board determined the net active service recorded 
on his DD Form 214 is not in error or unjust.


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.


REFERENCES:

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 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.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence. The ABCMR may, in 
its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an 
administrative hearing) or request additional evidence or opinions. 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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).

	a.  The general instructions stated to ensure that all information entered on the 
DD Form 214 is accurate. Personnel officers will use the following source documents 
when preparing DD Forms 214 and other separation documents:

*	DA Form 201 (Military Personnel Records Jacket)
*	DA Forms 2 and 2-1 (Personnel Qualification Records)
*	separation orders
*	DD Forms 4 (Enlistment/Reenlistment Documents)
*	DA Form 3716 (Personnel Financial Record)
*	enlistment records and DD Forms 214 for prior service personnel
*	any other available records

	b.  The specific instructions for item 12c stated all service entered will be less time 
lost under Title 10, U.S. Code, section 972, and time lost after expiration of term of 
service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210008737


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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