ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 December 2019

	DOCKET NUMBER:  AR20170004852


APPLICANT REQUESTS:  an upgrade of his general, under honorable conditions 
discharge to honorable conditions.

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.  A review of the applicant’s service records shows:

	a.  He enlisted in the Regular Army on 20 August 1980.

	b.  He received nonjudicial punishment on/for:

*	12 November 1980, for willfully disobeying a lawful order
*	19 March 1981, for seven specifications of being drunk and disorderly; his 
punishment included a reduction to private/E-1

	c.  The applicant’s immediate commander notified the applicant on 25 March 1981, 
of his intent to discharge him under the provisions of Army Regulation (AR) 635-200 
(Personnel Separations – Enlisted Personnel), expeditious discharge program (EDP).  
The reason for his proposed action is the applicant failed to maintain acceptable 
standards of the military service.  He lacked he motivation and self-discipline necessary 
to adapt to military life emotionally and socially. 

	d.  He consulted with legal counsel on 1 April 1981 and was advised of the basis for 
his contemplated separation and its effects, the rights available to him and the effect of 
a waiver or his rights.  He acknowledged receipt of the proposed separation.

	e.  The separation authority approved the applicant's discharge on 2 April 1981 
under the provisions of AR 635-200, EDP.  He was issued a general, under honorable 
conditions discharge.

	f.  He was discharged from active duty on 13 April 1981 with a general, under 
honorable conditions characterization of service.  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows he completed 7 months and 24 days of 
active service.  It also shows he was awarded or authorized:

*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

3.  There is no indication he petitioned the Army Discharge Review Board for review of 
his separation processing within that board’s 15-year statute of limitations. 

4.  By regulation, members who have demonstrated that they cannot or will not meet 
acceptable standards required of enlisted personnel in the Army may be separated.

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, the Board found relief was 
not warranted.  In reaching its determination, the Board did consider the applicant’s 
petition and his service record in accordance with the published equity, injustice, or 
clemency determination guidance.  The Board found no evidence of in-service 
mitigation for the misconduct and the applicant provided no evidence of post-service 
achievements or letters of reference in support of a clemency determination.  Based on 
a preponderance of evidence including the short term of honorable service completed 
prior to a pattern of misconduct which led to the applicant’s separation, the Board 
concluded that the characterization of service received at the time of discharge 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 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 635-200 (Personnel Separations), in effect at the time, set forth the 
basic authority for the separation of enlisted personnel.

	a.  Paragraph 1-13a (Honorable Discharge) states an honorable discharge is a 
separation with honor.  Issuance of an Honorable Discharge Certificate is predicated 
upon proper military behavior and proficient performance of duty during the member’s 
current enlistment or period of obligated service with due consideration for the 
member’s age, length of service, grade, and general aptitude.

	b.  Paragraph 5-31 (Expeditious Discharge Program (EDP)) provided that members 
who have demonstrated that they cannot or will not meet acceptable standards required 
of enlisted personnel in the Army may be separated and released from active duty and 
transferred to the Individual Ready Reserve to complete their service obligation except 
those whom the separation authority determines have no potential for useful service 
such as:

*	poor attitude
*	lack of motivation
*	lack of self-discipline
*	inability to adapt socially or emotionally
*	failure to demonstrate promotion potential

	c.  Paragraph 5-31b (Scope) states that the EDP applies to all active Army 
personnel who have completed at least 6 months but not more than 36 months of 
continuous active duty on their first enlistment in the Army at the time the member’s 
immediate commander formally recommends separation under this paragraph.

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)	 AR20170004852

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