ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20170003828 APPLICANT REQUESTS: * correction of the narrative reason on his DD Form 214 (Certificate of Release or Discharge from Active Duty) * an appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. The applicant states: a. Block #28 of his DD Form 214 it reads “misconduct, moral, or professional dereliction” under honorable conditions. This entire line should be changed to read regulation appropriate to an honorable discharge, as there were never any issues surrounding his deployment that would justify this particular narrative. b. He never received any derogatory information concerning any wrong doing. However, he never thought he would need to utilize his DD Form 214 for anything else other than his military service. Now seeking employment with the federal government. c. As a UH-I H Helicopter Pilot, he was assigned to 11th Combat Aviation Squadron Fulda, Germany. Upon his in-processing and his initial meeting with his squadron commander he entered his office render a salute, and he in turn stated "did you know you was in a white man's Army"? This was indicative of how his tour of duty went the entire tour. The applicant initiated a congressional because of treatment, given direct orders to paint tines in the parking lot. It was later learned that the applicant was replacing another individual the same race whom he was putting out of service. There were allegations of property being stolen from the individual departing the service and because he assigned the applicant to the same inventory of this property the investigators showed up at the applicant’s residence without any explanation searching his personal property as he recall looking for a particular television. d. They completed their search of the applicant’s residents and he never heard back, nor did the applicant follow up, he was convinced that he was innocent of any wrong doing. The commander not only ordered the applicant to do jobs not commiserate with his rank, but he found himself constantly being humiliated and ostracized within the unit. To his knowledge he served his country with distinction and honor, and would have given his life to protect freedom and our way of life. This narrative in no way should reflect any wrong doing on my part and should not have been a part of his discharge 4. A review of the applicant’s service record shows: a. He enlisted in the regular Army as an enlisted member on 25 August 1977 and was discharged on 24 April 1985. He was ordered to active duty as an Army Reserve Warrant Officer on 25 April 1985. b. The Army Personnel Service Center Fulda, APO, NY Orders 52-5, dated 1 March 1988, shows he was reassigned to the Army Transition, Fort Jackson, SC and the date of discharge, as 25 March 1988. c. His DD Form 214 shows he was discharged on 24 March 1988, under the provisions of AR 635-120 (Officer Resignations and Discharges), Chapter 10, (Dismissal by Reason of General Court-Martial Proceedings) SPD: JNC-Misconduct, moral or professional dereliction. His character of service is honorable, he had 2 years, 11 months active service this period, 7 years, 8 months prior active service, and 2 months and 18 days prior inactive service with no lost time. 5. His military personnel records is void of specific facts and circumstances concerning the events that led to misconduct, moral, or professional dereliction. The applicant stated “see congressional in personnel file, flight board convened with members of his own unit against Army regulations. Members of the board should have been from service members not under the commander’s control and directives.” The congressional is void in his service record. 6. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 7. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 8. By regulation AR 635-5-1 (Personnel Separations-Separation Program Designators), states that the separation program number (SPN) code is used in statistical accounting to represent the reason for separation. His narrative reason for discharge is separation for misconduct, moral or professional dereliction or interests of national security which is appropriate for the separation code JNC and the separation authority is AR 635-120, chapter 10. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also found the relief was not warranted. The applicant’s contentions were carefully considered. His administrative separation document were not available for review. Based upon the Separation Authority used for the applicant’s separation, the Board found that the narrative reason was in-line with that outlined separation authority, and that there was no error with the listing of his reason for separation. 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 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) 635-120, (Officer Resignations and Discharges) prescribes procedures whereby an officer on active duty may tender his or her resignation or be discharged and whereby officers on active duty or retired officers may be dropped from the rolls of the Army. a. Chapter 10 (Dismissal by Reason of General Court-Martial Proceedings) states an officer who has been convicted and sentenced to dismissal as a result of general court-martial proceedings will, pending appellate review of such proceedings, be processed as follows: b. A Regular Army officer or an officer holding a commission or a warrant in the Army of the United States without component will be retained pending completion of appellate review. c. An officer of the Army National Guard or of the Army Reserve may, pending completion of appellate review, be released from active duty under the provisions of AR 635-100, chapter 3, section XIX or placed on excess leave according to AR 630-5 in lieu of release from active duty. 3. AR 635-5-1 (Personnel Separations-Separation Program Designators), states that the separation program number (SPN) code is used in statistical accounting to represent the reason for separation. His narrative reason for discharge is separation for misconduct, moral or professional dereliction or interests of national security which is appropriate for the separation code JNC and the separation authority is AR 635-120, chapter 10. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003828 4 1