ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	 

	BOARD DATE:  15 October 2019

	DOCKET NUMBER:  AR20170004858


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions 
discharge 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) (x3)
*	Statement in Support of Claim

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 supposed to receive a hardship discharge from the 
U.S. Army in 1974, instead he received an under other than honorable discharge in 
1981 after he was going to reenlist.  His recruiter told him he that he worked for the 
Central Intelligence Agency.  He will be 62 years old and his deepest gratitude goes 
out to all of those who are helping him.  

3.  The applicant provides a statement in support of his claim acknowledging his 
father was a prisoner of war in Korea, his grandmother kept him.  She did all the 
paperwork at the courthouse to get him a hardship discharge.  The packet was final 
and he would really like to hear something, if at all possible.  He suffered through the 
mess that his father went through and later what he went through when he was in 
the United States Army.  

4.  A review of the applicant’s service record shows:  

	a.  He enlisted in the Regular Army on 12 November 1973.

	b.  On 17 March 1981, a memorandum from LTC AGC states, effective             
29 August 1974, the applicant is charged with desertion from the USA.  A review of 
his records shows he is eligible for a discharge in absentia.  It is anticipated his 
discharge will be under other than honorable conditions, and that he will be issued a 
discharge certificate.

	c. On 21 June 1974, the applicant submitted a statement on his own behalf, 
which states his grandmother raised him from birth and he quit school in May 1971.  
He was earning $525 monthly when he entered the Army in November 1973.  Since 
he was stationed so far away from home, the financial help he provided to his 
grandmother was drastically reduced and as a result, he started having serious 
problems.  His grandmother became very sick and was not able to take care of 
herself.  She was further burdened with his younger brother who is a student and 
depended on her for support.  He sent home a savings bond allotment of $75 each 
month and $40 to $50 in the form of a money order monthly.

	d.  He accepted non-judicial punishment on 8 July 1974 for possessing a 
controlled substance, allegedly marijuana.  His punishment included 14 days of extra 
duty and restriction and forfeiture of $70 per month for 1 month.

	e. On 9 July 1974, his chain of command disapproved his hardship discharge 
and determined that his grandmother had a means of support from his brother, who 
resides in the home.

	f.  DA Form 3836, Notice of Return of US Army Member From Unauthorized 
Absence date 7 August 1974, shows the applicant was absent without leave from on 
or about 14 July 1974 and he returned to Fort Knox, Kentucky on 29 July 1974, as 
an US Army deserter.

	g.  On 6 August 1974, it was determined by the applicant’s chain of command 
that his request for separation for hardship or dependency does not meet the criteria 
for separation from active military service under the provisions of Army Regulation    
(AR 635-200 (Personnel Separations Enlisted Personnel).  It is believed that the 
serviceman can provide additional financial support from his duty station and his 
brother at home can provide assistance as required. 

	h.  He was discharged from active duty on 16 April 1981 with an under other than 
honorable conditions characterization of service.  His DD Form 214 shows he 
completed 7 months and 10 days of net active service.   

     i.  Time lost before his normal expiration term of service is 870 days.  Time lost 
after normal expiration of term of service 11 November 1976 is 1615 days.  

5.  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. 

6.  By regulation, members are subject to separation for commission of a serious 
offense.  Commission of a serious military or civil offense, if the specific 
circumstances of the offense warrant separation and a punitive discharge would be 
authorized.

7.  The Board should consider the applicants petition and his 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 relief is not 
warranted.  The applicant’s contentions 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.  He 
did not provide character witness statements or evidence of post-service 
achievements for the Board to consider.  Based upon the short term of honorable 
service prior to a pattern of misconduct involving a lengthy period of AWOL, 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 635-200 (Personnel Separations – 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 Soldier'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 14 -12c (Commission of a Serious Offense) of that regulation provides 
that members are subject to separation for commission of a serious offense.  
Commission of a serious military or civil offense, if the specific circumstances of the 
offense warrant separation and a punitive discharge would be authorized.

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 regarding equity, injustice or clemency determinations.  
Clemency generally refers to relief specifically granted from a criminal sentence and 
BCMRs may grant clemency regardless of the court-martial forum.  However, the 
guidance applies to more than clemency from a sentencing in a court-martial; it also 
applies to any other corrections, including changes in discharge, which may be 
warranted on equity or relief from injustice grounds.  The 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, an injustice, or clemency grounds, BCMRs shall consider the twelve stated 
principles in the guidance as well as eighteen individual factors related to an applicant.  
These factors include the severity of the misconduct and the length of time since the 
misconduct.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170004858

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