AR20150009589

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009589

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: 31 March 2016

DOCKET NUMBER: AR20150009589

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: 31 March 2016

DOCKET NUMBER: AR20150009589

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 under honorable conditions.

2. The applicant states:

* he would like his discharge upgraded to honorable
* he thinks his performance was satisfactory
* he did his duties during basic combat training and advanced individual training in ElPaso, TX
* when he arrived at FortHood, TX, he met B____J____H____ and married her
* because of this marriage he would have to leave and attend to problems she was causing
* she ruined his career
* he feels he was judged by events she was the cause of
* he loved the Army and vocalized his desire to remain in the Army to no avail
* he included his ex-wifes arrest record in order to show the nature of the person he married

3. The applicant provides:

* DDForm214 (Certificate of Release or Discharge from Active Duty)
* General Discharge Certificate
* online search results of ex-wifes arrest record

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 enlisted in the Regular Army on 19October 1984.

3. On 24March 1986, a dishonored check notification was sent from the FortHood Exchange to the FortHood Installation Commander. It indicated the applicant had two checks amounting to $105.00, including the service charges, returned for insufficient funds.

4. On 4June 1986, he was advised his pass privileges and privileges of wearing civilian clothing during off-duty hours were withdrawn until further notice. This was an administrative action resulting from his poor duty performance and conduct. His privileges would be reinstated when his duty performance and conduct improved.

5. On 23June 1986, he received nonjudicial punishment (NJP) under the provisions of Article15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty, to wit: accountability formation on 12June 1986.

6. On 11July 1986, his company commander recommended his separation for unsatisfactory performance under the provisions of Army Regulation635-200 (Personnel Separations Enlisted Personnel) for unsatisfactory performance. His commander deemed him unable to adapt to military life as evidenced by the receipt of NJP, repeated tardiness, indebtedness and other violations which did not improve despite numerous counseling sessions and corrective action. His commander recommended a waiver of any rehabilitative transfer as the applicant demonstrated no potential for rehabilitation.
7. Included with the commanders recommendation for separation were 14DAForms4856-R (General Counseling Form) documenting counseling the applicant received between November 1985 and June 1986 for a multitude of violations to include going to the pawn shop while sick in quarters, missing numerous formations, leaving his place of duty without permission, failing to report to his place of duty to include the motor pool and remedial physical training, repeated tardiness, inability to do his work, and failing to bring needed equipment with him.

8. A Report of Mental Status Evaluation, dated 21July 1986, rated him as having normal behavior, being fully alert, fully oriented, displaying unremarkable mood or affect, thinking clearly with normal thought content, having good memory, and having the mental capacity to understand and participate in the separation proceedings.

9. On 30July 1986, he acknowledged he had been advised of the basis for the contemplated separation action. He acknowledged his understanding that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him and that he may be ineligible for many or all benefits as a veteran as the result of the issuance of a discharge under other than honorable conditions. He did not waive representation by counsel and he submitted statements in his own behalf. In his statement he admitted to the onset of financial problems after his marriage, which in turn led to his depression, insomnia, and inability to be to work on time. He was under the impression he was making the needed improvements when he was notified of his pending discharge. His desire was to remain in the Army.

10. On 5August 1986, the separation authority approved the applicant’s discharge for unsatisfactory performance under the provisions of Army Regulation635-200 and directed the issuance of a General Discharge Certificate. He was discharged accordingly on 14August 1986. His DDForm214 shows he completed 1year, 9months, and 26days of active service.

11. He petitioned the Army Discharge Review Board for a review of his discharge. The Army Discharge Review Board denied his request for a discharge upgrade on 7July 1987, deeming it both proper and equitable.

10. The applicant provided the online search results of his ex-wifes arrest record in order to show the nature of the person he married, whom he feels was the cause of his Army troubles.

REFERENCES:

Army Regulation635-200 sets forth the basic authority for the separation of enlisted personnel.

a. Chapter13 contains policy and outlines procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

b. Paragraph3-7a 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.

DISCUSSION:

1. The applicant’s request for an upgrade of his character of service from general under honorable conditions to honorable was carefully considered.

2. The evidence of record shows the applicant displayed a pattern of unsatisfactory performance as evidenced by numerous incidents of poor work performance, unauthorized absence, tardiness, dishonored checks, revocation of pass privileges, and documented NJP for not being at his prescribed place of duty. Therefore, his administrative discharge for unsatisfactory performance was appropriate.

3. His administrative discharge was accomplished in compliance with applicable regulations without procedural errors which would have jeopardized his rights. All requirements of law and regulation were met and his rights were fully protected throughout the separation process.

4. The totality of his records show the quality of his service did not meet the standards of acceptable conduct and performance of duty for Army personnel.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009589

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009589

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2