ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2019 DOCKET NUMBER: AR20160014341 APPLICANT REQUESTS: an upgrade of his under other than honorable conditions discharge. 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) * Seven character reference letters 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 the classification of his discharge does not match his current character of service. He also states his legal counsel did not act in his best interest at the time of discharge. He has been diagnosed as dependent on substance. 3. The applicant provided seven character reference letters, dated between 15 and 24 June 2015, wherein the individuals attested to the applicant’s post-service character of service. The individuals stated the applicant had been serving the church for the past 4 years and performed various jobs within the church; was enrolled in Bible College; he was very reliable, dependent, and trustworthy; and he performed as an active chaplain. 4. A review of the applicant’s available service records: a. He enlisted in the Regular Army on 29 November 1995. b. His record is void of a DD Form 458 (Charge Sheet) which would have indicated the charge(s) and specification(s) in which were preferred on the applicant. a. c. On 15 October 1997, subsequent to receiving legal counsel, he requested discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Separations), chapter 10. He acknowledged: * maximum punishment * he was guilty of one or more of the charges against him or of a lesser included offense * he did not desire further rehabilitation or desire further military service * if his request for discharge was accepted, he may be discharged under conditions other than honorable and furnished an Under Other Than Honorable Discharge Certificate * as a result of the issuance of an under other than honorable conditions discharge, he would be deprived of many or all Army benefits * he may be ineligible for many or all benefits administered by the Veterans Administration * he may be deprived of his rights and benefits as a veteran under both Federal and State law d. On 17 October 1997, consistent with the chain of command recommendations, the separation authority approved the applicant’s discharge and directed the issuance of an under other than honorable conditions discharge e. He was discharged on 31 October 1997, under the provisions of AR 635-200, chapter 10 under other than honorable conditions. His DD Form 214 shows he completed 1 year, 11 months, and 2 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. By regulation, a member who has committed an offense or offenses the punishment for which includes a bad conduct or dishonorable discharge may submit a request for discharge for the good of the service. An Under Other Than Honorable Discharge Certificate normally is appropriate for a member who is discharged for the good of the service. 5. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 4. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and letters of support were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. The Board did not have his misconduct available to review and he did not provide information on what led him to voluntarily request a discharge for the good of the service. He did not provide evidence to support a medical condition may have mitigated his misconduct. Based upon the record, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. 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. 6/21/2019 X CHAIRPERSON Signed by: 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, 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 (AR) 635-200 (Personnel Separations-Enlisted Separations), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. The regulation stated in: a. Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the member 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. Paragraph 3-7b (General Discharge) states that a separation from the Army under honorable conditions. When authorized it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 10 of that regulation states a member who has committed an offense or offenses the punishment for which includes a bad conduct or dishonorable discharge may submit a request for discharge for the good of the service. An Under Other Than Honorable Discharge Certificate normally is appropriate for a member who is discharged for the good of the service. 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. The 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, an injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the guidance as well as eighteen individual factors related to an applicant. These factors include the severity of the misconduct and the length of time since the misconduct.