IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20200000507 APPLICANT REQUESTS: That his under other than honorable conditions (UOTHC) discharge be upgraded to fully honorable. He also requests an opportunity to personally appear before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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 due to his childhood disappointments of not living in any one place more than 3 or 4 years he enlisted into the Army in hopes of building a meaningful future and life. a. When he enlisted he was told he would not be required to go to “Viet-Nam, combat,” he would be stationed in Germany as an automobile mechanic. But while in basic training at Fort Dix, NJ, his company commander told him he was going to Vietnam after advanced individual training. b. He told his commander that he signed up to be an automobile mechanic in Germany. The commander told him the record did not reflect that. This caused him heavy stress along with problems at home. After being denied a 2 day pass to go home, he left in an absent without leave (AWOL) status. Upon returning he was given an Article 15 and told he would have to restart basic training and still go to Vietnam. So he went AWOL again because the pressure was too much to handle. He began abusing drugs and alcohol during that period and continued to fall deeper into an addiction. c. He went into a rehabilitation program, but that didn't do any good. He fell into the wrong crowd and crime, “burglary and automobile theft.” His life was ruined and he wanted to die. d. He needs his discharge upgraded because he has four strikes against him, he is unable to get and maintain a job, because of the lack of education, he only completed eighth grade, and he suffers from drug and alcohol addiction. Now he needs assistance/benefits. 3. On 7 August 1972, at age 18, the applicant enlisted in the Regular Army for 4 years, the cash bonus enlistment option, and U.S. Army Europe. On 14 August 1972, he was assigned to Fort Dix, NJ, for basic combat training. He left his unit in an AWOL status from 6 through 28 September 1972. 4. On 2 October 1972, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for the above period of AWOL. His punishment consisted of a forfeiture of pay and extra duty. 5. The applicant left his unit at Fort Dix in an AWOL status on 13 October 1972. He was dropped from Army rolls on 29 November 1972. A Military Police Report shows he was apprehended by the Federal Bureau of Investigation in Pennsylvania and detained by civilian authorities until he was picked up by military authorities and returned to military control at the U.S. Army Personnel Control Facility, Fort George G. Mead MD, on 27 March 1973. 6. A Charge Sheet, dated 6 April 1973, shows he was charged with being AWOL from Fort Dix, from 13 October 1972 through 27 March 1973. 7. On 5 April 1973, the applicant underwent a medical examination and he was determined to be qualified for separation. 8. On 11 April 1973, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). He consulted with legal counsel and was advised of the basis for the trial by court- martial, his available rights, and the basis for voluntarily requesting discharge under the provision of AR 635-200, chapter 10. He signed a request for discharge for the good of the service and indicated he would not submit statements in his own behalf. 9. On 20 April 1973, the applicant’s immediate commander recommended approval of his request with an Undesirable Discharge Certificate. 10. On 24 April 1973, the appropriate approval authority approved the applicant’s request for discharge for the good of the service and directed that he be furnished an Undesirable Discharge Certificate. 11. On 30 April 1973, he was discharged accordingly; his DD Form 214 shows he completed 2 months and 17 days of net active service with 187 days of lost time. Additionally, his DD Form 214 shows: * Character of Service: Under Other Than Honorable Conditions * Separation Authority: AR 635-200, Chapter 10 * Separation Program Number: 246 * Narrative Reason for Separation: “Discharge for the Good of the Service” 12. Army Regulation 635-200 states a discharge under the provisions of chapter 10 is a voluntary discharge request in-lieu of trial by court martial. In a case in which an UOTHC discharge is authorized by regulation, a member may be awarded an honorable or general discharge, if during the current enlistment period of obligated service he has been awarded a personal decoration or if warranted by the particular circumstances of a specific case. 13. The applicant contends he enlisted into the Army to build a meaningful future/life. As a child he moved around a lot and he only completed eighth grade. When he enlisted he was told he would not be required to go to Viet-Nam/combat, he would be stationed in Germany as an automobile mechanic. During basic training he was told he was going to Vietnam after advanced training. This caused him heavy stress along with problems at home. After being denied a 2 day pass he went AWOL. He went AWOL a second time because the pressure of believing he was going to Viet Name was too great. He began abusing drugs and alcohol during that period and continued to fall deeper into an addiction. He fell in with the wrong crowd and crime, “burglary and automobile theft.” He needs his discharge upgraded because he has four strikes against him, he is unable to get and maintain a job, because of the lack of education, and his drug and alcohol addiction. Now he needs assistance/benefits to better his life. 14. Regarding his contentions, he enlisted in the RA for 4 years, the cash bonus enlistment option, and U.S. Army Europe. He completed 2 months and 17 days of his 4 year obligation. He did not complete basic training and he was not awarded a military occupational specialty. He left his unit AWOL twice and received nonjudicial punishment and accrued 187 days of lost time, as a result he was discharged. His records do not contain any orders assigning him to Viet Nam and there is no evidence available showing anyone told him that he was going. 15. In reaching its determination, the Board can consider the applicant's petition, his personal statement, and his service record in light of the published Department of Defense guidance on equity, injustice, or clemency. 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’s record shows he had limited honorable service, no meritorious personal awards or wartime service and insufficient evidence of mitigating circumstances for the serious misconduct. Furthermore, the applicant provided insufficient evidence of post-service honorable conduct that might have mitigated 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 : : : 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): NA REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. a. Chapter 10 stated a member who was charged with an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt. Although an honorable or general discharge was authorized, an UOTHC discharge was normally issued to an individual who was discharged for the good of the service. b. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate. c. A general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. d. An UOTHC is an administrative separation from the service under conditions other than honorable. It may be issued for misconduct. In a case in which an UOTHC is authorized by regulation, a member may be awarded an honorable or general discharge, if during the current enlistment period of obligated service he has been awarded a personal decoration or if warranted by the particular circumstances of a specific case. 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. 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, BCM/NRs 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) AR20200000507 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200000507 6 ABCMR Record of Proceedings (cont) AR20200000507 5