ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 October 2019

	DOCKET NUMBER:  AR20170002244


APPLICANT REQUESTS: reconsideration of an upgrade of his under other than 
honorable conditions discharge to a general, if not he respectfully ask that all 
records of him being or ever serving in the military be destroyed.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in 
the previous consideration of the applicant's case by the Army Board for Correction 
of Military Records (ABCMR) in Docket Number AR 20150006346 on 
29 January 2016 

2.  The applicant states:

	a.  When he was attached to 7th Special Forces Group (Army) Service Company, 
he was not put up in the barracks because he was with the 7th SGFA Signal 
company, which forced him to move off post.  There were times that he was late due 
to being forced to find a place off post.  There were also times that he wrote bad 
checks to cover his rent.

	b.  He knows he did wrong.  He was giving several article 15s. One was due to 
him being late for his extra duty from a previous article 15.  He was pulling mechanic 
duty at the motor pool and as soon as he finished he went straight to his extra duty.  
He was put in confinement for over 30 days.  Close to time for him to get out, he was 
given another article 15 which extended his time for another week.  As soon as he 
got out of CCF and back to the service company, he was informed that he need to 
turn in all his gear.  He was being kicked out of the Army.  He had no chance of 
showing that he could prove his self.

	c.  He knows that he was not the perfect Soldier by far but feels if he was given 
the chance could have improved.  As the Board stated on his previous application, 
he was reassigned to the Signal company, which must have happened after he was 
discharged.  Had he known this then, he knows for sure he would have done better.  
He would have had a room in the barracks and could make his formations on time.

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

	a.  He enlisted in the Regular Army (RA) on 16 February 1983.

	b.  He accepted/received non-judicial punishment (NJP) on/for:

*	5 July 1984, for failing to go at the time prescribed to his appointed place 
of duty; his punishment consisted of reduction to PV2 E-2 (suspended for 
90 days) 
*	30 July 1984, for two specifications of failing to go at the time prescribed 
to his appointed place of duty and one specification of disobeying a lawful 
order; his punishment consisted of reduction to PV2/E-2 and 30 days 
confinement in CCF

   c.  On 22 February 1985, the applicant’s immediate commander notified him of 
his intent to separate him under the provisions of Army Regulation (AR) 635-200 
(Personnel Separations – Enlisted Separations), chapter 14, paragraph 14-12b, for 
being late to formation numerous times, issuing 5 bad checks to military and civilian 
businesses, for being punished under summarized and formal non-judicial means 
and shows no evidence of correcting his behavior.

   d.  The applicant consulted with legal counsel on 7 February 1985 (date reflected 
on document), and was advised of the basis for the separation. He waived 
consideration of his case by a board of officers and elected not to submit a 
statement in his own behalf.  He further acknowledged:
   
*	the rights available to him and the effect of waiving said rights
*	he may encounter substantial prejudice in civilian life if a general 
discharge under honorable conditions is issued to him
*	he may apply to the Army Discharge Review Board or the Army Board for 
correction of Military Records for upgrading
*	ineligible to apply for enlistment in the U.S. Army for 2 years after 
discharge

   e.  On 5 April 1985, consistent with the chain of command recommendations, the 
separation authority approved the discharge recommendation under the provisions 
of AR 635-200, chapter 14, paragraph 14-12b.  He would be issued an under other 
than honorable conditions discharge and reduced to the lowest enlisted pay grade 
PVT/E-1.

   f.  He was discharged on 19 April 1985 with an under other than honorable 
conditions character of service for misconduct – pattern of misconduct.  His 
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he 
completed 2 years, 2 months and 4 days of net active service and 2 months and 
1 day of prior inactive service.

4.  There is no evidence the applicant has applied to the Army Discharge Review 
Board for review of his discharge within the Board’s 15 year statute of limitations.

5.  By regulation, members are subject to separation for misconduct because of 
minor disciplinary infractions, a pattern of misconduct, commission of a serious 
offense, and conviction by civil authorities.

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 found relief was not warranted.  Based upon the relatively short term of 
honorable service completed prior to a pattern of misconduct, as well as a lack of 
post-service character evidence submitted by the applicant to show that he has 
learned and grown from the events leading to his separation, the Board concluded 
the characterization of service received at the time of separation was appropriate.

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 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 Personnel), 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.

    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.  Paragraph 3-7c (Under Other than honorable conditions) states a discharge 
under other than honorable conditions is an administrative separation from the 
service under conditions other than honorable.  It may be issued for misconduct, 
fraudulent entry, homosexuality, security reasons, or for the good of service.
	d.  Paragraph 14-12b (Pattern of misconduct) states conduct prejudicial to good 
order and discipline.  Discreditable conduct and conduct prejudicial to good order 
and discipline includes conduct violative of the accepted standards of personal 
conduct found in the UCMJ, Army regulations, the civil law, and time-honored 
customs and traditions of the Army.
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 state 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170002244

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