ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170004228 APPLICANT REQUESTS: to upgrade his general, under honorable conditions discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter 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 (ABCMR) 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 at the time and made mistakes. He feels he served this country honorably. He did his job. He paid for his mistake. They punished him. They reduced him in rank to private first class from a specialist four. a. After leaving the military, he worked, and has now retired from the U.S. Postal Service as of 13 September 2008. He retired from the U.S. Postal Service with a disability because he was sandwiched between two containers that resulted in chronic back pain. That injury has caused him to have limited motion. As a result, he is not working anymore. He is unemployable. b. He has purchased property in Las Vegas, NV. He is hoping to save money on property tax. 3. A review of the applicant’s service record shows: a. On 26 February 1974, he enlisted in the Regular Army. b. He accepted nonjudicial punishment (NJP) on the following dates for: * 30 April 1975, two specifications of failing to go to his appointed place of duty; his punishment included reduction to private (PVT)/E-1 (suspended for 60 days), forfeiture of $60.00 for one month, and 10 days of extra duty and restriction * 23 September 1975, two specifications of failing to go to his appointed place of duty, his punishment include reduction to PV2/E-2, forfeiture of $89.00 for one month, and 14 days of extra duty and restriction (all suspended for 90 days); vacated on 9 December 1975 * 31 December 1975, one specification of failing to go to his appointed place of duty and one specification of stealing; his punishment included reduction to PVT/E-1, forfeiture of $150.00 for two months (one month suspended for 60 days), and 45 days of extra duty and restriction (20 days suspended for 60 days) * 6 January 1976, one specification of absence without leave; his punishment included forfeiture of $84.00 for one month, and 14 days of extra duty and restriction (suspended for 60 days) c. On 1 March 1977, he was discharged from active duty under the provisions of AR 635-200 (Personnel Separations), chapter 2 (Relief from Active Duty), and issued a general, under honorable conditions discharge. His DD Form 214 (Report of Separation from Active Duty) reflects he completed 3 years of active service with 4 days of lost time from 1-4 January 1976. It also shows he was awarded or was authorized the National Defense Service Medal. d. On 2 March 1977, he was transferred to the U.S. Army Reserve Control Group. e. On 25 February 1980, he was discharged from the Ready Reserve with an honorable discharge. f. 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. 4. By regulation, an individual enlisted, inducted, or ordered to active duty normally will be discharged or released from active duty on the date upon which he completes the period for which enlisted, inducted, or ordered to active duty. 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 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 short term of honorable service completed prior to a pattern of misconduct, which include some of a criminal nature, the Board concluded that 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 1-9d (Honorable Discharge) states 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. Paragraph 1-9e (General Discharge) states 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. c. Paragraph 2 (Discharge or release from the Active Army upon termination of enlistment, period of induction, and other periods of active duty or active duty for training) state an individual enlisted, inducted, or ordered to active duty normally will be discharged or released from active duty on the date upon which he completes the period for which enlisted, inducted, or ordered to active duty. 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) AR20170004228 5 1