ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20170001321 APPLICANT REQUESTS: an upgrade of his under honorable conditions to honorable and a change in the narrative reason for separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: Online application form (DD Form 293) 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 that he would like to use the GI Bill to go to school to better himself as an individual. Over the course of his four plus years of separation from the military, he has realized that he made a terrible mistake by getting discharged. He has been in contact with a few Soldiers he was stationed with giving them knowledge and insight to keep cool, calm and collected. There is nothing worse than losing everything you worked hard for over nonsense. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 18 February 2009. b. He served in Germany from 2 September 2009 to 15 February 2012. c. He served in Afghanistan from 3 April 2011 to 9 January 2012. d. On 25 September 2011, he received nonjudicial punishment for failure to be at his appointed place of duty. His punishment consisted of reduction to the pay grade of private first class/E-3. e. On 18 December 2011, his immediate commander notified him of his intent to initiate separation under the provisions of Army Regulation (AR) 635-200 (Active Duty a. Enlisted Administrative Separations), chapter 14-12b (pattern of misconduct). The commander indicated the applicant was wrongfully derelict in the performance of his duties, four times disrespectful toward noncommissioned officers, twice failed to report at the time prescribed time to his appointed place of duty, destroyed nonmilitary property, and displayed conduct prejudicial to good order and discipline. f. The applicant acknowledged notification of separation of 18 December 2011. His elections of rights indicated that he had been advised by his consulting counsel of the basis for the contemplated action to separate him for patterns of misconduct. He submitted a statement on his behalf and requested consulting counsel represent him and he understood that he may encounter substantial prejudice in civilian life if a general discharge is issued. g. On 20 December 2011, he was advised by his consulting counsel of the bases for the contemplating action to separate him for misconduct under AR 635-200, Chapter 14 and its effects; of the rights available to him; and the effects of any action taken by him in waiving his rights. He understood if he had less than six years total of active and reserve military service at the time of separation and am being considered for separation for misconduct under AR 635-200, Chapter 14, he is not entitled to have his case heard by an administrative separation board. h. On 20 December 2011, his immediate commander initiated separation under the provisions of AR 635-200, chapter 14-12b for pattern of misconduct. He also recommended a general, under honorable conditions discharge. i. On 3 January 2012, the separation authority approved separation under the provisions of AR 635-200, chapter 14-2b for pattern of misconduct with the issuance of under honorable conditions (general) discharge. j. His was discharged from active duty on 15 February 2012. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was discharged under the provisions of AR 635-200, chapter 14-12b (block 28-narrative reason) pattern of misconduct and character of service under honorable conditions (general). He was assigned Separation Code JKA. It also shows that he served on active duty for 2 years, 11 months and 5 days. He was awarded or authorized: * National Defense Service Medal * Afghanistan Campaign Medal (2 Stars) * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * NATO Medal * 5. AR 635-200 establishes policy and prescribe procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. 6. By regulation (AR 635-5), for Block 28 (Narrative Reason for Separation) of the DD Form 214, enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority. A Soldier who is separated under chapter 14-12b of AR 635-200 is assigned Separation Code JKA which means Misconduct-Pattern of Misconduct. 7. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the pattern of misconduct, some of which involved destructive behavior of military property, as well as a lack of character evidence submitted by the applicant to show that he has learned and grown from the events leading to his discharge, the Board concluded that the characterization of service and narrative reason for separation received at the time of discharge was appropriate. BOARD VOTE:nd 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. 6/13/2019 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. 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'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 (General Discharge) states a general discharge is 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 14 of that regulation states members are subject to separation for a pattern of misconduct consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline. 3. AR 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 28 (narrative reason for separation) enter the reason for separation (shown in AR 635-5-1) based on the regulatory or statutory authority “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” DD Form 215 will be issued when the missing information becomes available. 4. 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. 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 based on equity, 1. 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.