BOARD DATE:  18 August 2020

		DOCKET NUMBER:  AR20200000453


APPLICANT REQUESTS: an upgrade of his service characterization from under other 
than honorable conditions to under honorable conditions (general).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	A personal one-page typed statement, dated 23 October 2019
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 30 August 1989

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in 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 the punishment doesn't fit the crime.  He was the lowest ranked 
member involved in the incident.

     a.  In the spring of 1989 he and seven other members of his platoon received a 
company grade Article 15 and were given 10 days of extra duty while stationed in the 
Federal Republic of Germany.  About halfway through the extra duty they all went out to 
a bar.  They were found in the bar and told to return to the barracks.  The next day he 
was told he would be court-martialed; however, no one else got into trouble.

     b.  He decided to go absent without leave (AWOL) back to the U.S..  He turned 
himself in at Fort Lee, VA and was sent to Fort Dix, NJ.  He knew he was wrong and 
has paid for it for 30 years.  He is a good member of society, pays his taxes, and is a 
member of the church.  He'll be 50 years old and would like to be able to vote, have a 
concealed carry permit, and have peace with the Army. 

3.  The applicant enlisted in the Regular Army on 5 July 1987 at the age of 17.  

4.  The applicant's record does not contain a DA Form 2627 (Record of Proceedings 
under Article 15, Uniform Code of Military Justice (UCMJ)) showing he received non-
judicial punishment.  

5.  The applicant' record contains DA Forms 4187 (Personnel Action) that show:

*	on 22 August 1989, he was reported AWOL effective 2 June 1989 
*	on 22 August 1989, he was dropped from rolls (DFR) effective 2 July 1989
*	on 19 July 1989, he was returned to military control after he surrendered to 
military authorities at Fort Lee, VA on or about 12 July 1989 

6.  A FDCF Form 691 (Personnel Control Facility Information Sheet) shows he 
surrendered to military authorities, did not request a physical, and did not want to stay in 
the service.  It shows the applicant stated he did not like the service, was treated 
unfairly by his senior noncommissioned officers, and he tried to get any chapter and he 
couldn't before going AWOL.  He signed and dated the form on 12 July 1989. 

7.  A DD Form 458 (Charge Sheet), dated 19 July 1989, shows court-martial charges 
were preferred against the applicant for being AWOL from his organization:  
Company D, 1st Battalion, 7th Infantry, APO New York, from on or about 2 June 1989 
through on or about 12 July 1989 (a period of 41 days). 

8.  After consulting with legal counsel on 19 July 1989, the applicant voluntarily 
requested discharge for the good of the service, under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the 
good of the service - in lieu of trial by court-martial.  In his request for discharge, he 
acknowledged:

     a.  He understood that by requesting discharge, he was admitting guilt to the charge 
against him or of a lesser included offense that also authorized the imposition of a bad 
conduct or dishonorable discharge.  

     b.  He was advised of the basis for the contemplated trial by court-martial, the 
maximum permissible punishment authorized under the UCMJ, the possible effects of 
an under other than honorable conditions discharge, and of the procedures and rights 
that were available to him. 

     c.  He further acknowledged he understood that if his discharge request was 
approved he could be deprived of many or all Army benefits, he could be ineligible for 
many or all benefits administered by the Veterans Administration, and he could be 
deprived of his rights and benefits as a veteran under both Federal and State laws. 

     d.  He was advised he could submit any statements he desired in his own behalf; 
however, he elected not to submit any statements.

9.  The applicant's immediate commander recommended approval of his request on or 
about 24 July 1989, with an under other than honorable conditions discharge, and 
forwarded his request to the approval authority.

10.  The approval authority approved the applicant's request for discharge on 8 August 
1989, under the provisions of Army Regulation 635-200, chapter 10, for the good of the 
service - in lieu of trial by court-martial.  He directed the applicant’s reduction to the 
lowest enlisted grade and his discharge with an under other than honorable conditions 
character of service.

11.  The applicant was discharged on 30 August 1989.  The DD Form 214 he was 
issued shows:

*	he was credited with the completion of 1 year, 11 months, and 16 days of net 
active service
*	he was discharged under the provisions of Army Regulation 635-200, chapter 
10, for the good of the service - in lieu of trial by court-martial
*	his service was characterized as under other than honorable conditions 
*	he had lost time from 2 May 1989 through 11 July 1989 

12.  The Board should consider the applicant's statement in accordance with the 
published equity, injustice, or clemency determination guidance.

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 found insufficient evidence of error, 
injustice, or inequity; the applicant had limited creditable service, no wartime service 
and insufficient evidence of mitigating circumstances for the misconduct.  Neither did 
the Board find sufficient evidence of post-service honorable conduct that might have 
mitigated the misconduct that resulted in the discharge characterization.  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.



?
REFERENCES:

1.  Title 10, United States 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 Army Board for Corrections 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.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  

     a.  An honorable discharge is given when the quality of the Soldier's service has 
generally met standards of acceptable conduct and duty performance. 

     b.  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 10 provides, in pertinent part, that a member who has committed an 
offense or offenses for which the authorized punishment includes a punitive discharge 
may submit a request for discharge for the good of the service in lieu of trial by court-
martial.  The request may be submitted at any time after charges have been preferred 
and must include the individual's admission of guilt.  Although an honorable or general 
discharge is authorized, a discharge under other than honorable conditions is normally 
considered appropriate.

3.  The Under-Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations.  Clemency 
generally refers to relief specifically granted from a criminal sentence.  Boards for 
Correction of Military/Naval Records may grant clemency regardless of the court-martial 
forum.  However, the guidance applies to more than clemency from a sentencing in a 
court-martial; it also applies to any other corrections, including changes in a discharge, 
which may be warranted on equity or relief from injustice grounds.  

     a.  This guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority.  In 
determining whether to grant relief on the basis of equity, injustice, or clemency 
grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn 
testimony, policy changes, relative severity of misconduct, mental and behavioral health 
conditions, official governmental acknowledgement that a relevant error or injustice was 
committed, and uniformity of punishment.
     b.  Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000453


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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