ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 July 2019 DOCKET NUMBER: AR20170004569 APPLICANT REQUESTS: his under other than honorable discharge be upgraded to 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 when he was 16, he was already abusing alcohol and drugs. He joined the Army and loved basic training and AIT (Advance Individual Training) and made it through with no problems. When he got to Fort Carson it was like the door opened up and he began abusing again. He moved his wife and 3 girls to Colorado from Minnesota. With his substance abuse problem, he pushed his family away. His father came to Colorado and moved his wife and kids back to Minnesota. He was not enrolled in any type of substance abuse program at this time. He went AWOL to Minnesota to try and save his marriage and returned 7 days later. A few weeks later, he left again and was gone for 21 days. He attempted to save his marriage once again, but was still deep in substance abuse. He was given an Article 15 and reduced to private/E-1 but still no substance abuse treatment. He was put in an intensive training for 2 weeks. When he got out, his commanding officer asked him if he was ready to Soldier. He lied to him and got his next check and went AWOL again. This time he was gone for 9 months. He called home one day and his dad said the military police stopped at his house looking for him. They told him they knew approximately where he was, and that if he got caught he would go the Brig but if he turned himself in at Fort Knox KY, he would be out in 3 days. So he headed to Fort Knox and turned himself in on a Wednesday. By the following Friday, he was released with a chapter 10 discharge. Throughout this time and up until 2011, alcohol and drugs affected all of his relationships. In 2011, he called New Beginnings Treatment Center and went in. He got out of treatment and found a sponsor to go through the steps and guide him to a new life. Since then, he goes to 3 to 5 meetings a week. He also sponsors people and guides them to a new way of life, with God's help. His life has improved 100 percent and his family is glad to have their son, brother, dad, and grandfather back. He understands what he did is ultimately his responsibility. He feels if he could have gotten treatment early on he could have honorably fulfilled his obligations. He has put his life back together and asking for the board to upgrade his discharge to honorable so he can continue on his healing path. He wants to help others to find a path without the substance abuse. 3. The applicant provides. a. Reference letter from Ms. X___stating the applicant started experimenting with alcohol and drugs when he was around 16 or 17. He got married and had 3 beautiful kids, but continued with substances abuse. He went in to the service and after a while went AWOL. Then he left his family because the drugs became the number one thing in his life. She helped him whenever she could because she wanted him off drugs. No one could help him until he was ready to help himself which is what he did 5 years ago. He has a whole new focus on life and family. Since he became sober, he attends Alcohol Anonymous meeting regularly and became a sponsor for others who are struggling. b. Reference letter from Ms. X___ stating she has known the applicant for 12 years. When they first met, they were a drinking couple. In 2011, they decided to change their lives and he went to treatment and both of them got clean. It has been 5 years sober. He has become an example of a changed man. c. Reference letter from Mr. X___ stating he would like to share his experience working with the applicant within a recovery program for the last five years. He didn't know him prior to them working together, but from what he can tell you of the man he knows today, he is someone he looks up too. He has been a man of action from the beginning, showing up on time, on schedule every Sunday morning when they meet to work on recovery. He is a man that chases life for the positives. He has been through all 12 steps, and carries the message to other gentlemen in their recovery program. He has a home group that he attends faithfully every week and is a pillar amongst our recovery circles. He has and brings a solution to the still suffering. He brings hope to others without it. It is truly an honor and privilege to know him. d. Reference letter from Mr. X___ stating the applicant has led a troubled life until five years ago when he became sober. During the time, he was enlisted, he was a young father in a troubled marriage with a history of drug and alcohol abuse. He fell back into this lifestyle when he was unable to cope with the situation he was in. He has made huge strides in his life since he has become sober. He is very active in meetings by sponsoring and helping others to achieve the level of happiness and self-esteem that he has now. He is extremely proud of the person he has become and how he is living his life now. He is an inspiration to many people that are in need of a role model that can show them the ways to change their lives for the better. He is an honorably discharged U.S. Air force Staff Sergeant so he is fully aware of what your discharge conditions mean to a person after life in the military. He has given this a lot of thought and recommends the applicant have his discharge condition changed. He and many others would benefit from this by making more opportunities to better his life so he can continue to help others. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 2 January 1980. b. On 4 February 1981, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 16 October to 28 October 1980. c. On 14 April 1982, court martial charges were preferred against the applicant. His DD Form 458 (Charge Sheet) indicates he was charged with AWOL from 1 July 1981 to 14 April 1982. d. On 16 April 1982, he consulted with legal counsel and subsequently requested discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). He acknowledged: * the maximum punishment if found guilty * if his request was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Conditions Discharge Certificate * if approved, he would be deprived of many or all Army benefits * he may be ineligible for many or all benefits administered by the Veterans Administration, and that he may be deprived of his rights and benefits as a Veteran under both Federal and State law * he may expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge e. On 26 April 1982, the company commander recommended approval of the applicant request for discharge for the good of the service and recommend he receive an other than honorable discharge. f. On 4 May 1982, consistent with the chain of command's recommendation, the separation authority approved the applicant’s request for discharge for the good of the service with an under other than honorable conditions discharge. He would be reduced to the lowest enlisted pay grade. g. On 2 June 1982, he was discharged from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) show she was discharged under the provisions of AR 635-200, Chapter 10 (In Lieu of Trial by Court-Martial) with an under other than honorable conditions characterization of service. He completed 1 year, 6 months, and 22 days of active service. 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 Discharge Certificate will normally be furnished an individual who is discharged for the good of the service. 5. By regulation, a member who requests discharge as prescribed in chapter 10 may be issued an under other than honorable conditions discharge if he or she has been afforded the opportunity to consult with a consulting counsel. The member must certify in writing that he or she, understands that he or she may receive a discharge under other than honorable conditions. The member must understand the adverse nature and possible consequences of such a discharge. The member must personally sign a request for discharge. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not 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. Based upon the relatively short term of honorable service completed prior to a lengthy AWOL period, 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. 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. Paragraph 3-7a (Honorable Discharge) states 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) states 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 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 under other than honorable discharge certificate normally is appropriate for a member who is discharged for the good of the Service. However, the separation authority may direct a General Discharge Certificate, if such is merited by the member's overall record during the current enlistment. 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) AR20170004569 5 1