ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	IN THE CASE OF:  .

	BOARD DATE:  30 October 2019

	DOCKET NUMBER:  AR20170005274

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)
*	DD Form 293 (Application For The Review of Discharge From the Armed Forces 
of the United States)
*	Self-authored Statement
*	Certificate of Ordination, dated 16 October 2016

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 does not think that he had 12 Article 15s.  He had some 
but, not 12.  His record does not show it but, he was a hard worker and he 
completed 4 years of military service.  He was young and immature and he knows 
his conduct was not that of a man but, he is one now.  He is asking for forgiveness 
and needs help.   

3.  The applicant provides a self-authored statement thanking the Board for giving 
him another chance.  He never received any paperwork, dated 20 December 2016, if 
he did, he would have responded.  He knows his conduct on record looks bad, but 
he was still good at any military occupational specialty assigned to him.  He was 
young and not even a man, but he is now and he is asking the Board for help.  He 
thanks the Board once more and says God Bless.  His request for disability is based 
on service connected issues and he is truly sorry.

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

	a.  He enlisted in the Regular Army on 1 December 1965.  He was discharged 
honorably on 4 December 1966 for immediate reenlistment. 

	b.  He accepted nonjudicial punishment on/for:

*	27 May 1967, alter an official document, DD Form 689, he was reduced to 
E-3, detention of $78 for 1 month until 26 July 1967 and 7 days of 
restriction and extra duty 
*	5 July 1967, disrespectful to and did not treat with contempt his 
noncommissioned officer, he was reduced to E-3, forfeiture of $28 14 days 
of restriction and extra duty to run concurrently

	c.  He was convicted by a special court-martial on 28 July 1967 of two 
specifications of assault.  The court sentenced him to hard labor for two months, 
forfeiture of $64 per month for two months and reduced to the lowest grade, E-1.  
On 31 July 1967, the convening authority approved the sentence and forwarded the 
record of trial for review by a U.S. Army Court of Military Review.

	d.  He accepted nonjudicial punishment on/for:

*	5 November 1968, without proper authority, failed to go to his proper place 
of duty and at the prescribed time, forfeiture of $20 for one month
*	9 November 1968, without proper authority, failed to go to his proper place 
of duty and at the prescribed time, forfeiture of $25 for one month and 
restriction for 14 days
*	17 January 1969, without proper authority, failed to go to his proper place 
of duty and at the prescribed time, forfeiture of $25 for one month and 7 
days of extra duty
*	24 January1969, without proper authority, failed to go to his proper place 
of duty and at the prescribed time, forfeiture of $25 for one month and 7 
days of extra duty, reduction to the grade of PVT/E-2
*	13 March 1969, without proper authority, absent without leave (AWOL), 
forfeiture of $24 for a period of one month
*	8 April 1969, AWOL, forfeiture of $24 for one month
*	26 June 1969, without proper authority, absent himself from an inspection 
formation, reduction to the grade of PVT/E-2
*	15 July 1969, without proper authority, absent himself and failed to report 
for duty at the prescribed time, forfeiture of $50 per month for 2 months, 
restriction for 7 days and extra duty for 2 hours a day for 7 days
*	4 August 1969, without proper authority, failed to report to duty and at the 
prescribed time and drunk while on duty, restriction for 30 days and extra 
duty for 2 hours a day for 30 days
*	3 September 1969, absent himself from bed check, forfeiture of $25 per 
month for 2 months and restriction for 14 days

	e.  Consistent with the chain of command recommendations, on 21 November 
1969, the separation approval authority ordered the applicant to be discharged 
under provisions of AR 635-212.  He was furnished an Undesirable Discharge 
Certificate.  

	f.  On 4 December 1969, he was discharged from active duty under the 
provisions of AR 635-212.  His DD Form 214 shows he completed 3 years and 
4 days of net active service during this period and 1 year of other service.

5.  By regulation, action will be taken to separate an individual for unfitness when it 
is clearly established that despite attempts to rehabilitate or develop him as a 
satisfactory Soldier further effort is unlikely to succeed.  An individual separated by 
reason of unfitness will be furnished an Undesirable Discharge Certificate except 
that an Honorable or General Discharge Certificate may be awarded if the individual 
being discharged has been awarded a personal decoration or if warranted by the 
particular circumstances in a given case. 

6.  The Board should consider the applicant’s 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 
showed remorse with his application for the events leading to his separation.  He did 
not provide character witness statements or evidence of post-service achievements 
for the Board to consider.  Based upon the serious offenses, 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) 635-212 (Personnel Separations – Discharge – Unfitness 
and Unsuitability), section I, paragraph 4, states an individual separated by reason of 
unfitness will be furnished an Undesirable Discharge Certificate except that an 
Honorable or General Discharge Certificate may be awarded if the individual being 
discharged has been awarded a personal decoration or if warranted by the particular 
circumstances in a given case.

3.  AR 635-200 (Personnel Separations – Enlisted Personnel), currently in effect, 
sets forth the basic authority for 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.

4.  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)	 AR20170005274

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