ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  4 March 2019

	DOCKET NUMBER:  AR20160014040


APPLICANT REQUESTS: 

*	upgrade of his discharge to honorable
*	Army Good Conduct Medal (AGCM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge)
*	Review of General Separation and Record of Determination
*	United States Army Reserve (USAR) Discharge Orders

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 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 while doing a benefits review it was discovered that the he had 
a general under honorable conditions discharge. His official military personnel file 
(OMPF) shows nothing derogatory and as such he is requesting a review to see if it can 
be upgraded.  He also requested to be awarded the AGCM.
 
3.  On 11 January 1961, he was inducted in the Army of the United States (AUS).   

4.  A review of the applicant’s service record shows:

*	he received “excellent” and “fair” conduct and efficiency ratings
*	he had no lost time, non-judicial punishment, or court-martials
*	no personal awards

5.  His DA Form 20 (Enlisted Qualification Record) shows no derogatory information.

6.  On 20 December 1962, the applicant was released from the AUS with a general 
discharge and transferred to the USAR.  He completed 1 year, 11 months, and 10 days 
of net active service.  His DD Form 214 shows:

*	he was discharged under the provisions of paragraph 7, Army Regulation 
635-205 (Personnel Separations – Discharge and Release – Convenience of 
the Government)
*	he was given a SPN code of 411 (early release overseas returnee) and 
released from active duty prior to his expiration of term of service (PETS)
*	he served in Europe for 1 year, 1 month, and 28 days
*	no personal awards or AGCM
*	he received an RE code of RE-1 (eligible for reenlistment)

7.  In support of his case, he provided a Review of General Separation and Record of 
Determination and USAR Discharge Orders showing he was honorably discharged from 
the USAR on 31 December 1966.

8.  Army Regulation 635-205, paragraph 7 (separation of overseas-returnees), provides 
that commanders are authorized to order separation for the convenience of the 
Government of enlisted personnel returned to the continental United States or to the 
Territory or possession of the United States in which enlisted, inducted, or ordered to 
active duty, after serving overseas. 

9.  Army Regulation (AR) 672-5-1 (Military Awards), in effect at the time, provided that 
the Army Good Conduct Medal was awarded to individuals who completed a qualified 
period of active duty enlisted service.  This period was 3 years except in those cases 
when the period for the first award ended with the termination of a period of Federal 
military service of at least 1 year.  The enlisted person must have had all "excellent" 
conduct and efficiency ratings and no convictions by a court-martial.  

10.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
currently in effect, provides that an honorable discharge is a separation with honor.  A 
general discharge is a separation under honorable conditions issued to a Soldier whose 
military record was satisfactory but not so meritorious as to warrant an honorable 
discharge.   

11.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) 
states that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or injustice 
by a preponderance of the evidence.  

12.  In reaching its determination, the Board should consider the applicant's petition, his 
service record, and his statement 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 sufficient 
evidence to grant relief.  The Board considered the applicant’s contentions and his 
record.  The Board agreed to recommend his discharge characterization is upgraded to 
honorable discharge.  In addition, and the Board agreed to award him the AGCM (1st 
Award), notwithstanding Army regulation guidance, which provides a “fair” rating would 
disqualify him from the award.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by 

     a.  awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period 
11 January 1961 through 20 December 1962;

     b.  reissuing the applicant a DD Form 214 showing his characterization of service as 
honorable, and adding the AGCM (1st Award).


	 					___________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.


ADMINISTRATIVE NOTE(S):  Not Applicable

?
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 Army Board for Correction of Military Records 
(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.  Army Regulation 635-205 (Personnel Separations – Discharge and Release – 
Convenience of the Government) set forth the conditions under which enlisted 
personnel of the Army may be discharged or released from active military service, or 
released from military control, for the convenience of the Government.  

     a.  Paragraph 7 (separation of oversea-returnees), provides that commanders are 
authorized to order separation for the convenience of the Government of enlisted 
personnel returned to the continental United States or to the Territory or possession of 
the United States in which enlisted, inducted, or ordered to active duty, after serving 
overseas.

	b.  Enlisted members of the Regular Army and of the Reserve Components who 
upon arrival have less than 3 months remaining before ETS will be discharged 
(Convenience of the Government – PETS), released from active duty, and returned to 
former National Guard or Army Reserve status, or released from active duty and 
transferred to the Army Reserve as appropriate.       

3.  Army Regulation (AR) 672-5-1 (Military Awards), in effect at the time, provided 
tangible evidence of public recognition for acts of valor and for exceptional service or 
achievement.  It also provided that the Army Good Conduct Medal was awarded to 
individuals who completed a qualified period of active duty enlisted service.  This period 
was 3 years except in those cases when the period for the first award ended with the 
termination of a period of Federal military service of at least 1 year.  The enlisted person 
must have had all "excellent" conduct and efficiency ratings and no convictions by a 
court-martial.  

4.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
currently in effect, provides that an honorable discharge is a separation with honor.  A 
general discharge is a separation under honorable conditions issued to a Soldier whose 
military record was satisfactory but not so meritorious as to warrant an honorable 
discharge.   

     a.  An honorable discharge is a separation with honor. The honorable 
characterization is appropriate when the quality of the Soldier’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.

     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.  A characterization of under 
honorable conditions may be issued only when the reason for separation specifically 
allows such characterization. It will not be issued to Soldiers solely upon separation at 
expiration of their period of enlistment, military service obligation, or period for which 
called or ordered to active duty.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army, acting through the Army Board for Correction of Military Records (ABCMR).  
Paragraph 2-9 states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

6.  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.  

     a.  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.  
     
     b.  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.  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.

ABCMR Record of Proceedings (cont)	 AR20160014040
	
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