ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 August 2019 DOCKET NUMBER: AR20170002466 APPLICANT REQUESTS: to have the narrative reason for separation (misconduct) removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificates of Appreciation * Letters of Recommendation * Letters of Appreciation 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 removing the narrative will give him the opportunity to work for the government. The misconduct has made it difficult for him to get a positon at Fort Sill. He made a small mistake as a private and he does not believe it should hinder his career. In addition, the knowledge he has gained over the past twenty years will be a great asset to Fort Sill and all those who work with him. 3. The applicant provides: a. Three Certificates of Appreciation detailing superior performance of duties while serving with the Motor transport Maintenance Section, Intermediate Maintenance Activity, Combat Logistics Company, Combat Logistic Battalion during the timeframe of 1 October 2010 to 15 March 2011, January 2013 to July 2013, and September 2009 to September 2014. b. Two letters of recommendations, which speak on the applicant’s character, work ethics, and knowledge of repairs and maintenance. T.M states the applicant is gifted in his abilities to repair and maintain equipment of all kinds. His character is that of a strong work ethic, honesty, and trustworthiness. R. VH states the applicant has demonstrated himself to be a trustworthy and loyal friend. He is dependable and a hard-worker. He always display a positive attitude and he is committed to do his best. c. Four letters of Appreciation describing the actions the applicant has taken to go above and beyond what has been expected from him. It also speak on the applicant’s ability to train and give guidance and mentorship to others. B.S states the applicant has demonstrated the epitome of the “One Team, One fight”, concept by leading over 13 maintenance support team runs, which involved putting himself in harm’s way to provide critical support during combat operations. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 12 May 1993. b. He accepted nonjudicial punishment on 25 July 1995 for: * Conspiring with another Soldier to commit an offense of staged larceny * Wrongfully appropriate a motorcycle of a value of more than $100.00 * With intent to deceive, make an official statement, that was false c. On 28 September 1995, his immediate commander notified the applicant that he was initiating a separation action against him under the provisions (UP) of Army Regulation (AR) 635-200, paragraph 14-12(c). The reason for the proposed actions was for receiving a field grade article 15 for conspiracy, wrongful appropriation, and falsifying an official statement and for being counseled numerous times for indebtedness and writing worthless checks. He also acknowledged receipt of this action. d. On 2 October 1995, he consulted with legal counsel and was advised of the basis for the contemplated action to separate him for misconduct under AR 635-200, Chapter 14, and its effects, and of the rights available to him. He acknowledged: * he could submit a statement in his own behalf * he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him * that if he receives a discharge which is less than honorable, he may apply to the Army Discharge Review Board and/or the ABCMR to upgrade his discharge; however, he realizes that consideration by either board does not imply that his characterization of service discharge would be upgraded e. On 10 October 1995, consistent with the chain of command recommendations, the separation authority approved his discharge under the provisions of AR 635-200, 12-c, and directed he be issued a General Under Honorable Conditions Discharge Certificate. f. The applicant was discharged from active duty on 16 October 1995. His DD Form 214 shows he was discharged under the provisions of AR 635-200, paragraph 14- 12c with a General Under Honorable conditions character of service. He completed 2 years, 5 months and 5 days. He was awarded or authorized the: * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Marksmanship Qualification badge with Rifle Bar * Driver and Mechanic Badge with Driver-T Bar 5. The applicant's record is void of evidence indicating he applied to the Army Discharge Review Board for an upgrade of his discharge within that Board’s 15 year statute of limitations. 6. By regulation, separations under the provisions of AR 635-200, chapter 14 provides policy and prescribes 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. 7. 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, the Board found the relief was warranted. 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 agreed that his reason for separation has served its purpose now that 24 years has passed since his discharge. The Board determined the reason for separation should be masked to prevent discrimination during his search for employment. 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 amending his DD Form 214 for the period ending 16 October 1995 by showing his reason for separation as “Secretarial Authority.” 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 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. First time drug offenders in the grade of sergeant and above, and all Soldiers with three years or more of total military service, active and reserve, will be processed for separation upon discovery of a drug offense. All Soldiers must be processed for separation after a second offense. b. Paragraph 3-7a (Honorable Discharge) 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. c. Paragraph 3-7b (General Discharge) 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. 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 (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, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170002466 4 1