ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 March 2019 DOCKET NUMBER: AR20160015270 APPLICANT REQUESTS: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 January 1997 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 he served from 23 May 1996 through 20 August 2000. He was misled into taking ownership of things he never should have signed his name to. He did the required amount of service, active and Reserve. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 23 May 1996. 4. The applicant was ordered to active duty for training on 27 August 1996. He completed his active duty for training, was awarded the military occupational specialty (MOS) 92B (Food Services Specialist), and was released from active duty on 17 January 1997. His service during this period was uncharacterized. 5. The applicant was discharged from the USAR on 16 March 1998, for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 17 March 1998. 6. The applicant received nonjudicial punishment (NJP) on 4 May 1999, under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty and for being absent without leave from on or about 26 March 1999 through on or about 21 April 1999. 7. The applicant's commander recommended him for separate under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, by reason of his commission of a serious offense. The applicant's brigade commander recommended he appear before an administrative separation board. 8. The applicant was notified on 1 June 2000 that he was to appear before an administrative separation board to determine whether he should be discharged because of robbery, absence without leave, and multiple occasions of failure to repair. [The specifics of the allegations and recommendations of the board are not included in the separation documents.] 9. An administrative separation board convened on or about 18 July 2000 to determine whether or not the applicant should be discharged prior to his expiration term of service (ETS) date. The board found the applicant did commit the offenses of robbery and AWOL and recommended his discharge from service under the provisions of Army Regulation 635-200, paragraph 14-12c, for commission of a serious offense. 10. The separation authority approved the board's recommendation to discharge the applicant under Army Regulation 635-200, paragraph 14-12c, for commission of a serious offense. He directed that the applicant be reduced to the lowest enlisted grade and that he receive a UOTHC discharge. 11. The applicant was discharged on 21 August 2000, under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct. His DD Form 214 confirms he received a UOTHC discharge. 12. The Army Discharge Review Board denied the applicant's request for a change of his characterization of service on 12 October 2011. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that relief was not warranted. The Board found that based upon multiple misconduct events, as well as the seriousness of the robbery charge, that the characterization of service received at the time of discharge was appropriate. Additionally, in the Board’s opinion, the applicant gave insufficient mitigating factors for the Board to consider when considering changing the characterization of service. 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, 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 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member'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. Paragraph 3-7b provides that 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. ABCMR Record of Proceedings (cont) AR20160015270 0 3 1