ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 February 2022 DOCKET NUMBER: AR20210013393 APPLICANT REQUESTS: The applicant reconsideration of her previous request to: * upgrade of her discharge to under honorable conditions (general) * change to her narrative reason for separation * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Certificate of Baptism * 18 x Certificates of Courses Attended * Picture Victims' Vigil * Forgotten Man Ministries Certificates FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130014735 on 8 May 2014 and AR20190008052 on 29 July 2019. 2. The applicant states, in effect, after her discharge in 1993, she was diagnosed with bipolar disease. She also suffered from a drug addiction and depression after discovering that her child was not being cared for properly, while in her mother's care due to her mother's alcoholism. 3. The applicant provides the following documents for the Board's consideration: a. A Certificate of Baptism, dated 30 March 2008. b. Certificates showing courses she completed: * Certificate of Attendance Recovery Coach Academy * Certificate of Completion Private Security and Investigations Diploma * Certificate of Completion Health Concerns and Psychiatric Illness * Certificate of Completion Adolescent Substance Use Disorders and Clinical Pathways * Certificate of Completion Adolescence and Alcohol Use Disorders * Certificate of Completion Adolescent Substance Use Disorders and clinical Pathways * Certificate of Completion Client/Patient Rights * Certificate of Completion Co-Occurring Disorders for Early Practitioners * Certificate of Completion Co-Occurring Disorders an Overview for Paraprofessionals * Certificate of Completion Cultural Competence * Certificate of Completion De-escalating Hostile Clients * Certificate of Completion Developmental Concerns, Childhood to Adolescence * Certificate of Completion Abuse and Neglect: What to Look For and How to Respond * Certificate of Completion Documentation Training Part I; Why is Documentation Important * Certificate of Completion HIPAA Privacy * Certificate of Completion Adolescence and Alcohol Use Disorders * Michigan Certification Board for Addiction Professionals Certified Peer Recovery Mentor c. Picture from a newspaper entitle Victims' Vigil. d. Forgotten Man Ministries Correspondence School certificates, which show she completed: * A Life that's Real * Introductory Bible Study * Living Without Worry * Romans * John: An Eyewitness Report e. The applicant states she included her health records; however, they were not attached to her application for the Board's review. 4. On 19 August 1989, at the age of 24 years old, she enlisted in the US Army Reserve (USAR) delayed entry program (DEP) for a period of 8 years. On 6 September 1989, the applicant was discharged from the USAR DEP and entered active duty for a period of 4 years. Her DA Form 2-1 (Personnel Qualification Record) shows she entered basic training on 14 September 1989 and advanced individual training (AIT) for the military occupational specialty (MOS) of 94B (Food Service Specialist). 5. On 10 April 1990, the applicant's duty status was changed from present for duty (PDY) to Absent Without Leave (AWOL). On 27 April 1990, her duty status was changed from AWOL to PDY. On 9 May 1990, her duty status was changed from PDY to AWOL. On 10 June 1990, her duty status was changed from AWOL to dropped from rolls (DFR). On 26 November 1990, her duty status was changed from confined by civilian authorities to PDY and further changed from DFR to PDY. She had appeared in District Court in Flint, Michigan she joined the Special Processing Company, Fort Knox, Kentucky on 3 December 1991. 6. On 10 December 1991, the commander of the Special Processing Company, US Army Personnel Control Facility preferred a court-martial charge against the applicant for one specification of being AWOL from on or about 9 May 1990 and remained absent until on or about 26 November 1991. 7. On 10 December 1991, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation (AR) fo635-200 (Personnel Separations – Enlisted Personnel), chapter 10. She consulted with legal counsel and was advised of the basis for the trial by court-martial, her available rights and the basis for voluntarily requesting discharge under the provision of Army Regulation 635-200, chapter 10. The applicant elected not to submit a statement in her own behalf. 8. In an undated memorandum, the applicant admitted to being AWOL from on or about 9 May 1990 to on or about 26 November 1991 for administrative purposes. 9. The applicant's immediate commander recommended approval of her request and on 19 December 1991, the appropriate separation authority approved the applicant's request directing the applicant be reduced to rank/grade of private one(PV1)/E-1 and that she be issued a discharge under other than honorable conditions. 10. On 14 February 1992, she was discharged accordingly. Her service was characterized as Under Other Than Honorable Conditions. She had completed 10 months and 5 days of net active service this period. Her DD Form 214 shows she had lost time from 10 April 1990 to 26 April 1990 and 9 May 1990 to 25 November 1991. She was awarded or authorized the Army Service Ribbon, Hand Grenade Expert Qualification Badge, and M-16 Marksman Marksmanship Qualification Badge. 11. On 2 April 1993, the applicant petitioned the Army Discharge Review Board (ADRB) to upgrade her UOTHC discharge. On 29 February 1996, the Army Discharge Review Board denied her petition based on the discharge being proper and equitable. 12. On 30 July 2013, the applicant petitioned the ABCMR to upgrade her discharge. On 8 May 2014, the ABCMR denied her petition, determining the evidence did not demonstrate the existence of a probable error or injustice. 13. On 12 April 2019, the applicant petitioned the ABCMR to upgrade her discharge. On 11 March 2020, the ABCMR denied her petition, determining the evidence did not demonstrate the existence of probably error or injustice. 14. The applicant states after her discharge, she was diagnosed with bipolar disorder. She also suffered a drug addiction and depression after discovering her child was not being cared for propyl while in her mother's care due to her mother's alcoholism. a. Army Regulation 635-200, Chapter 10, in effect at the time, states a Soldier who has committed an offense or offenses, the punishment for which under the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM) 1984, included a bad-conduct or dishonorable discharge, may submit a request for discharge for the good of the service. b. The Manual for Courts-Martial, shows the maximum punishment for going AWOL for more than 30 days included a bad-conduct discharge. c. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) is the source document for entries in item 28 of the DD Form 214. It states, Soldiers separated under the provisions of Army Regulation 635-200, Chapter 10 were required to be assigned the SPD "KFS," and the associated narrative reason for separation was "For the Good of the Service - In Lieu of Court-Martial." d. In regards to the applicant's request for a personal appearance, Army Regulation 15-185, states an applicant is not entitled to a hearing before the Board; however, the Board or the Director of ABCMR may authorize a personal appearance. e. In reaching its determination, the Board can consider the applicant’s petition and service record in accordance with the published equity, injustice, or clemency determination guidance. 15. MEDICAL REVIEW: The applicant is applying to the Army Board for Correction of Military Records (ABCMR) for an upgrade of her discharge to under honorable conditions (general) and to change her narrative reason for separation. a. The applicant states, in effect, after her discharge in 1993, she was diagnosed with bipolar disease. She also suffered from a drug addiction and depression after discovering that her child was not being cared for properly, while in her mother's care due to her mother's alcoholism. b. The ABCMR Behavioral Health (BH) Advisor was asked to review this case. Documentation reviewed includes: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * The applicant states she included her health records; however, they were not attached to her application to review. c. VA electronic medical record, Joint Legacy Viewer (JLV) was reviewed. d. A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Management Solutions (HAIMS) were not reviewed as they were not in use at the time of service. e. The ABCMR Record of Proceedings details the applicant’s military service and the circumstances of the case. The ROP indicates that the applicant entered military service on 19 August 1989 and was discharged on 14 February 1992, she was discharged accordingly. Her service was characterized as Under Other Than Honorable Conditions. f. On 10 April 1990, the applicant's duty status was changed from present for duty (PDY) to Absent Without Leave (AWOL). On 27 April 1990, her duty status was changed from AWOL to PDY. On 9 May 1990, her duty status was changed from PDY to AWOL. On 10 June 1990, her duty status was changed from AWOL to dropped from rolls (DFR). On 26 November 1990, her duty status was changed from confined by civilian authorities to PDY and further changed from DFR to PDY. She had appeared in District Court in Flint, Michigan she joined the Special Processing Company, Fort Knox, Kentucky on 3 December 1991. g. On 10 December 1991, the commander of the Special Processing Company, US Army Personnel Control Facility preferred a court-martial charge against the applicant for one specification of being AWOL from on or about 9 May 1990 and remained absent until on or about 26 November 1991. h. On 10 December 1991, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation (AR) fo635-200 (Personnel Separations – Enlisted Personnel), chapter 10. i. On 2 April 1993, the applicant petitioned the Army Discharge Review Board (ADRB) to upgrade her UOTHC discharge. On 29 February 1996, the Army Discharge Review Board denied her petition based on the discharge being proper and equitable. j. On 30 July 2013, the applicant petitioned the ABCMR to upgrade her discharge. On 8 May 2014, the ABCMR denied her petition, determining the evidence did not demonstrate the existence of a probable error or injustice. k. On 12 April 2019, the applicant petitioned the ABCMR to upgrade her discharge. On 11 March 2020, the ABCMR denied her petition, determining the evidence did not demonstrate the existence of probably error or injustice. l. The applicant states after her discharge, she was diagnosed with bipolar disorder. She also suffered a drug addiction and depression after discovering her child was not being cared for propyl while in her mother's care due to her mother's alcoholism. m. JLV contains no data or any BH diagnoses. The applicant did not submit any medical records or documentation to support her claim of a BH diagnosis or condition. n. After reviewing the available information and in accordance with the 3 Sep 2014 Hagel Liberal Consideration Memorandum and the 25 Aug 2017 Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant does not have any mitigating BH diagnosis. The applicant met retention standards at the time of discharge. The applicant does not have a service connection. Under liberal guidance, the applicant does not have any mitigating BH factor for her misconduct (AWOL). o. Kurta Questions (1) Does any evidence state that the applicant had a condition or experience that may excuse or mitigate a discharge? (a) Yes. Applicant contends she has Bipolar Disorder, but no documentation to support this contention. (2) Did the condition exist or experience occur during military service? (a) Yes. Applicant contends she has Bipolar Disorder, but no documentation to support this contention. (3) Does the condition or experience actually excuse or mitigate the discharge? (a) No. After reviewing the available information and in accordance with the 3 Sep 2014 Hagel Liberal Consideration Memorandum and the 25 Aug 2017 Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant does not have any mitigating BH diagnosis. The applicant met retention standards at the time of discharge. The applicant does not have a service connection. Under liberal guidance, the applicant does not have any mitigating BH factor for her misconduct (AWOL). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records, a medical advisory opinion and published DoD guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, record of service, the frequency and nature of misconduct, and the reason for separation. The Board considered the medical records, VA documents provided by the applicant and the review and conclusions of the advising official. The Board concurred with the medical advisory opinion finding insufficient evidence of in-service mitigating factors to overcome the misconduct. After reviewing the available information and in accordance with the September 2014 Hagel Liberal Consideration Memorandum and the August 2017 Clarifying Guidance, the applicant does not have any mitigating BH diagnosis. The applicant met retention standards at the time of discharge. The applicant does not have a service connection. The applicant provided insufficient evidence of post-service achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, after reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX: XX: XX: 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 to amend the decisions of the ABCMR set forth in Docket Number AR20130014735 on 8 May 2014 and AR20190008052 on 29 July 2019. 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. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel, it states: a. A Chapter 10 (Discharge for the Good of the Service) is applicable to members who had committed an offense or offenses for which the authorized punishment included a bad conduct or dishonorable discharge could submit a request for discharge for the good of the service. The request could be submitted at any time after the charges had been preferred. Although an honorable or general discharge was authorized, an under other than honorable conditions discharge was normally considered appropriate. b. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization is predicated upon proper military behavior and proficient performance of duty during the member's current enlistment or period of obligated service with due consideration for the member's age, length of service, grade, and general aptitude. 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. When a member is to be issued a discharge under other than honorable conditions, the convening authority will direct his immediate reduction to the lowest enlisted grade. 2. The Manual for Courts-Martial, shows the maximum punishment for going AWOL for more than 30 days included a bad-conduct discharge. 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 regarding equity, injustice or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence and BCMRs 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 discharge, which may be warranted on equity or relief from injustice grounds. a. The guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. b. In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the guidance as well as eighteen individual factors related to the applicant. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR has the discretion to hold a hearing; applicants do not have a right to appear personally before the Board. The Director or the ABCMR may grant formal hearings whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013393 8 1