AR20150009469

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009469

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X____ ____X__ ____X___ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009469

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.

_____________X___________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009469

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests an upgrade of his general discharge to honorable.

2. The applicant states:

* he learned his lesson
* he is a completely different person now
* he was a young man
* he had no direction
* he made mistakes
* he is much older now and has made a complete turnaround with his life
* he has a family
* he needs assistance with a home (appears to mean Department of Veterans Affairs benefits)

3. The applicant provides:

* self-authored letter to the Army Review Boards Agency, dated 10May 2015
* DDForm214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant was born on 15June 1965. He enlisted in the Regular Army on 1October 1985 for a period of 3years at 20years of age. He completed his training and was awarded military occupational specialty13B (cannon crewman).

3. Between August 1986 and January 1987, nonjudicial punishment (NJP) was imposed against him on three occasions for:

* failing to go at the time prescribed to his appointed place of duty
* using marijuana
* breaking formation

4. On 18February 1987, a bar to reenlistment was imposed against him.

5. On 12February 1987, he was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) subsequent to a positive urinalysis for marijuana. He was enrolled in TrackII and declared an immediate rehabilitation failure due to a prior ADAPCP enrollment from October 1986 to December 1986 and a prior positive urinalysis for marijuana.

6. On 3March 1987, NJP was again imposed against him for using marijuana.

7. On 24April 1987, he was notified of his pending separation for unsatisfactory performance under the provisions of Army Regulation635-200 (Personnel Separations Enlisted Personnel), chapter13. His unit commander specified the following reasons for the proposed action:

* his four NJP’s
* his bar to reenlistment
* despite counseling and punitive action, there was nothing to indicate he had the desire to become a professional Soldier

8. On 24April 1987, he consulted with counsel, waived his rights, and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued. He also elected not to submit a statement in his own behalf.

9. On 24April 1987, the separation authority approved the recommendation for separation and directed the issuance of a general discharge.

10. On 11May 1987, he was discharged under honorable conditions (general) for unsatisfactory performance under the provisions of Army Regulation635-200, chapter13. He completed a total of 1year, 7 months, and 11days of creditable active service.

11. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

12. In a self-authored letter to the Army Review Boards Agency, dated 10May 2015, he stated:

* at the time of the infractions that led to his discharge under chapter13, he was right out of high school living with his aunt and uncle
* he had been in and out of foster homes
* his father was killed by a drunk driver when he was about 4years old
* he made terrible mistakes as a young person, but he did not have a role model or someone to follow
* he has been steadily employed since his discharge
* he does not have a police record

REFERENCES:

Army Regulation635-200 sets forth the requirements and procedures for the administrative discharge of enlisted personnel.

a. Chapter13, in effect at the time, provided for separation due to unsatisfactory performance when, in the commander’s judgment, the individual would not become a satisfactory Soldier; retention would have an adverse impact on military discipline, good order, and morale; the service member would be a disruptive influence in the future; the basis for separation would continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, was unlikely. Service of Soldiers separated because of unsatisfactory performance under this chapter would be characterized as honorable or under honorable conditions.
b. Paragraph3-7a, currently in effect, 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.

DISCUSSION:

1. The applicant contends he was a young man; however, age is not a sufficiently mitigating factor. He was 20years of age when he enlisted and he successfully completed training. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military terms of service.

2. He contends he made a complete turnaround with his life and has no police record. However, good post-service conduct alone is normally not a basis for upgrading a discharge.

3. He contends he needs assistance with a home. However, a discharge is not changed for the purpose of qualifying an applicant for veterans’ benefits. Each request is individually considered based on the evidence presented.

4. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so.

5. His record of service during his enlistment included four NJP’s, his failure to complete ADAPCP, and a bar to reenlistment. His quality of service was not sufficiently meritorious to warrant a fully honorable discharge.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) @#!CASENUMBER

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009469

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2