ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2019 DOCKET NUMBER: AR20170003554 APPLICANT REQUESTS: reconsideration of her earlier request for an upgrade of her under other than honorable conditions discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * Self-Authored Statement * High School Diploma Certificate, dated 20 May 1999 * Training Certificate Completion, dated 22 July 2003 * Associate of Applied Science in Paralegal Studies Degree, dated August 2011 * Letters of Recommendation (2) * Postal Badge United States Postal Service 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 AR20070000236 on 12 July 2007. 2. The applicant states she has maintained the life of a law-abiding citizen with no record. She has obtained an Associate Degree in Paralegal Studies. She works for the United States Postal Services, a federal job. She has received two letters of recommendations from her former platoon sergeant (Staff Sergeant (SSG) retired x__ and another former Sergeant First Class (SFC) retired x__. It is her sincerest hope and plea that her discharge be changed to honorable. She has had so many job opportunities slip from her grasp because of her discharge. It has been over ten years ago she is not the same person. She accepts full responsibility and offers her deepest apology, if she could change it she would. She even wanted to return to active duty but since she cannot, she would be eternally grateful for an honorable discharge and the opportunity to hold her head up without shame. 3. The applicant provides: a. A self-authored statement which she states her name has changed as formerly known in the military since she has remarried. She has written several times to no avail pleading her case. She was an 18 year old female who joined the military to provide a better life for herself and her daughter. She followed advice from someone else instead of checking the information which caused her to be reported as absent without leave (AWOL). It was her responsibility to fact check about the status of her leave approval and she did not. She accepts the consequences of her actions. When she reported to Fort Sill, OK she requested to stay in but was told that she would be sent to the same unit and court-martialed so she took the better deal in order to save face and not embarrass her family. She never knew that in trial she would have been able to show proof of her intention to return because she left all her belongings in her barracks. She cannot go back and change the past although she wished she could. She will say that she apologizes to the United States Army, her unit at Fort Hood, and her country for letting them all down. She is now a mother with no criminal history and works for the USPS. She hopes and prays that the Board will grant the reprieve that she desires and upgrade her other than honorable discharge to honorable based on the proof she has enclosed and the two letters of recommendation. b. Her high school diploma, dated 20 May 1999; a training certificate from the Corrections Corporation of America, dated 22 July 2003, which shows she completed a 200-hour Pre-Service Training, and her Associate of Applied Science (A.A.S.) in Paralegal Studies Degree, dated August 2011. c. Letter of recommendation from SSG X_ (Retired), supervisor and friend in the Army dated 17 October 2016. He states he has known her for 15 years and has seen her mature into a bright young woman, much different from the 19 year old Soldier he first encountered in the military. She is a mother and is extremely dedicated to her family. Her kids have prospered under her direction and care over the years and she has been a good role model and outstanding member of the community with no setbacks in life other than the under other than honorable conditions discharge from the military. She has also accomplished getting her A.A.S. in Paralegal Studies and recently passed her post office test with an overall grade of 96. He recommends she be given the opportunity to excel further in life and have her discharge upgraded. d. Letter of recommendation from SFC X__ (Retired), dated 2 February 2017. He states he had the pleasure of working with the applicant when she was an 18 year old Soldier although young but still humble. He only knew her for a short while but she carried herself then as a young woman with a lot on her plate even though her struggles she tried to remain humble. He was surprised running into her now a 35 year old working for the USPS. She has turned into a mature young lady, hard worker who is constantly on time for her work, completes her work in a timely fashion, and is constantly being praised for her work ethics, still humble and polite. He is writing this letter on her behalf and he hopes the Board will grant her the recommendation that she seeks to have her discharge changed from under other than honorable conditions to honorable conditions so that the applicant can be able to go through life and obtain the opportunities that are out there for her. 4. A review of the applicant’s service records shows: a. She enlisted in the Regular Army on 29 February 2000. b. On 21 June 2001, court martial charges were preferred against her. A DD Form 458 (Charge Sheet) indicates she was charged with one specification of AWOL from 1 May 2001 to 18 June 2001. c. On 22 June 2001, she consulted with legal counsel of the basis for her contemplated trial by court-martial and subsequently requested discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge in Lieu of Trial by Court-Martial). She acknowledged: * the maximum punishment if found guilty * she did not desire further rehabilitation * if her request was accepted, she may be discharged with an under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate * if approved, she would be deprived of many or all Army benefits * she may be ineligible for many or all benefits administered by the Veterans Administration, and that she may be deprived of her rights and benefits as a Veteran under both Federal and State law * she may expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge * she did not submit any statements on her behalf d. On 18 December 2001, her unit commander recommended approval of the applicant’s request. e. On 10 January 2002, the separation authority approved the applicant's request for discharge, under the provisions of AR 635-200, chapter 10, in lieu of trial by court-martial, and directed that she be discharged under other than honorable conditions. f. On 20 February 2002, she was discharged from active duty. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of chapter 10 of AR 635-200 with an under other than honorable conditions discharge. She completed 1 year, 10 months, and 4 days of active service with lost time from 1 May 2001 through 17 June 2001. She was awarded or authorized the Army Service Ribbon. 5. On 12 July 1007, the ABCMR considered her request for a change to her Reentry (RE) Code, but found no evidence that her RE Code was in error or unjust. The ABCMR denied her request. 6. On 25 May 2011, the Army Discharge Review Board (ADRB) reviewed and denied her request for a discharge upgrade. 7. By regulation, a Soldier who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. In reaching its determination, the Board can consider the applicant’s petition and her 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 sufficient evidence to grant partial relief. The applicant’s contentions, letters of support, and post-service achievements were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record. The applicant was remorseful and demonstrates that she understands her actions were not that of all Soldiers. The Board agreed the misconduct does not warrant an upgrade to an honorable discharge; however, an Under Honorable Conditions (General) characterization is appropriate based upon the recorded misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070000236 on 12 July 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing a DD Form 214 for the period ending 20 February 2002 showing her character of service as Under Honorable Conditions (General). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing character of service to Honorable. 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. 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 (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. b. Paragraph 3-7b (General Discharge) 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 10 of that regulation states a member who has committed an offense or offenses, the punishment for which, includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial. A discharge under other than honorable conditions normally is appropriate for a member who is discharged in lieu of trial by court-martial. 2. 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 on the basis of 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) AR20170003554 5 1