ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 June 2019

	DOCKET NUMBER:  AR20170003087


APPLICANT REQUESTS: an upgrade of his characterization of service from under other than honorable conditions to under honorable conditions or honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)

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 was young and made mistakes, which has affected his entire life.  He loved the Army and still does.  He would like to apologize for any and all mistakes made.

3.  A review of his service records shows:

	a.  He was inducted into the Army of the United States on 25 May 1971.

	b.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was discharged on 10 June 1971 to enlist in to the Regular Army (RA).  He had 16 days of total active service. 

	c.  He enlisted in to the RA on 11 June 1971.

	d.  His DA Form 20 (Enlisted Qualification Record) reflects that he was declared absent without leave (AWOL) for a:

* period of 17 days from 21 March 1972 through 7 April 1972
* period of 5 days from 5 June 1972 through 9 June 1972
* period of 49 days from 6 September 1972 through 24 October 1972
* period of 31 days from 2 February 1973 through 4 March 1973
* period of one day from 8 March 1973 through 8 March 1973
* period of 49 days from 9 March 1973 to 26 April 1973

	e.  On 13 April 1972, the applicant accepted nonjudicial punishment (NJP) for one specification of AWOL for a period of 17 days from 21 March 1972 through 7 April 1972.  His punishment consisted, in part, of reduction to PV2/E-2 (suspended).

	f.  On 15 June 1972, he accepted NJP for one specification of AWOL for a period of 5 days from 5 June 1972 through 10 June 1972.  His punishment consisted, in part, of reduction to private (PVT)/E-1 (suspended).

	g.  On 6 September 1972, he was declared AWOL, and on 5 October 1972, he was dropped from rolls.  His DA Form 3836 (Notice of Return of US Army Member from Unauthorized Absence) reflects on 26 Oct 1972, he was returned to military control.

	h.  On 2 November 1972, the applicant accepted NJP for one specification of AWOL for a period of 49 days from 5 September 1972 through 25 October 1972.

	i.  His record is void of his separation packet.

	j.  On 30 May 1973, he was discharged from active duty under the provisions of 
AR 635-200 (Personnel Separations), Chapter 10 (good of the service, in lieu of trial by court-martial) with an under other than honorable conditions characterization of service.  His active service time was not computed on his DD Form 214, and he was separated with temporary records.  He had 59 days lost under Title 10, United States Code (USC) 972.

4.  By regulation, an individual 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 conditions characterization of service will normally be furnished an individual 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.


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions 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.  He did not provide character witness statements or evidence of post-service achievements for the Board to consider.  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.


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable
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 Separation – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  An honorable discharge is a separation with honor.  Issuance of an honorable discharge will be conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment of current period of service with due consideration for the member’s age length of service, grade and general aptitude.

	b.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge. When a member’s service is characterized as general, except when discharge by reason of misconduct, unfitness, and unsuitability.

	c.  Chapter 10 of this regulation states an individual 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 Undesirable Discharge Certificate will normally be furnished an individual 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 (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. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003087


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