ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 June 2019

	DOCKET NUMBER:  AR20170005994


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 7 February 1995:

* Block 24 (Character of Service), from general, under honorable conditions discharge to honorable
* Block 28 (Narrative Reason for Separation), remove the word "Misconduct" 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Automated separation document in lieu of NGB Form 22 (Departments of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service), 22 May 2000
* DD Form 214, 10 September 2007
* Letter of support from X, dated 1 March 2013
* Letter of support from Ambassador DY, dated 15 November 2014
* Letter of support from X, undated
* Letter of support from X undated
* Letter of authorization (LOA), dated 19 June 2009
* Certificate of Appreciation (COA), dated 25 November 2013
* International Development Solutions (IDS) employee evaluation form, dated 31 March 2014
* LOA, dated 4 December 2014
* IDS employee evaluation form, dated 13 April 2015
* Credit report
* Wiregrass Technical College Degree Works printout

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 he was 21 years old at the time and made bad decisions that affected his discharge.  He is now 43 years old and have done positive life changing experiences since he was 21.  He joined an infantry National Guard unit shortly after 911 attacks and deployed to Iraq June 2006-September 2007, received a Combat Infantryman Badge.  He was discharged with an honorable discharge.  He then worked for Blackwater from April 2008-April 2015 holding a secret clearance protecting diplomats while they visited Afghanistan.  He has five children and now currently half way done with cyber security at a local college.  He regrets the mistakes he made in 1995 but hopes he has done positive things in his life to have the status changed so he can take care of his family and keep contributing to help others around him.

3.  The applicant provides:

	a.  DD Form 214 which shows he was discharged on 7 February 1995 for misconduct under the provisions (UP) of AR 635-200 (Personnel Separations-Enlisted Personnel) paragraph 14-12c and item 28 (Narrative Reason for Separation) is misconduct.

	b.  Automated separation document in lieu of NGB Form 22, 22 May 2000, which shows he was honorably transferred to U.S. Army Reserve Control Group (Reinforcement) for completion of 7 months and 13 days on 22 May 2000.

	c.  DD Form 214, 10 September 2007, which shows he was honorably released from active duty for completion of required active service on 10 September 2007.

	d.  Four letters of support from X, X, X, and X, which speak to his dedication, leadership, commitment, professionalism, and teamwork while serving in several different roles on different teams in support of the security of American diplomats and other military personnel in a hostile environment.  Ambassador DY stated the applicant is truly one of the most dedicated and inspiring individuals with whom he has met.

	e.  LOA, dated 19 June 2009, which shows he was to deploy on 22 June 2009 until 21 June 2011 with Blackwater Worldwide as admin support in Afghanistan.

	f.  COA, dated 25 November 2013, in recognition and appreciation of his efforts and devotion while serving as a protective security specialist in support of U.S. Department of State Diplomatic Security Mission.

	g.  IDS employee evaluation form, dated 31 March 2014, which shows his overall rating as above standard.

	h.  LOA, dated 4 December 2014, which shows his deployment start date as 15 December 2014 until 9 August 2015 with IDS in Afghanistan.

	i.  IDS employee evaluation form, dated 13 April 2015, which shows his overall rating as between standard and above standard.

	j.  Credit report which shows three credit agencies with no derogatory information

	k.  Wiregrass Technical College Degree Works printout which shows his degree progress.

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

	a.  He enlisted in the Regular Army on 1 October 1992.

	b.  He held an infantry specialty and was assigned to Fort Benning, GA.  His service record is void of the separation packet.   

	c.  He was discharged on 7 February 1995.  His DD Form 214 shows he was discharged under the provisions of chapter 14-12c (Commission of a Serious Offense) of Army Regulation (AR) 635-200 (Personnel Separations) due to misconduct, with an under honorable conditions (general) characterization of service.  He completed 2 years, 4 months, and 7 days of active service.  He was assigned Separation Code JKQ.

	d.  After a break in service, on 18 January 2006, he enlisted in the Georgia Army National Guard (GAARNG).  He entered active duty on 4 June 2006.

	e.  He served in Iraq from 14 August 2006 to 8 August 2006.  

	f.  On 10 September 2007, he was honorably released from active duty for completion of required active service.  He completed 1 year, 3 months, and 7 days of active service this period.  He was awarded:

* Army Good Conduct Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Reserve Component Overseas Training Ribbon
* Armed Forces Reserve Medal with M Device
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
	e.  On 17 January 2012, he was discharged in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) paragraph 6-35a (Separation/Discharge from State ARNG and/or Reserve of the Army).  He completed 6 years of service this period.

5.  By regulation (AR 635-200), members are subject to separation per this section for commission of a serious offense or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the manual for court martial.

6.  AR 635-5 (Personnel Separations-Separation Documents) in effect at the time, states enter the narrative reason for separation as shown in AR 635-5-1 based on the regulatory or other authority.  

7.  AR 635-5-1 (Personnel Separation-Separation Program Designator (SPD) Codes in effect at the time, states Soldiers separating under AR 635-200, para 14-12c are assigned Separation Code JKQ and narrative reason will be misconduct.

8.  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 the relief was not warranted.  The applicant’s contentions, letters of support, and post-service achievements 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.  The applicant’s separation packet was not available for the Board to review.  Although remorseful, he did not state what the misconduct was that led to the discharge.  Based upon the record showing he was discharged for misconduct, the Board agreed the characterization was warranted.

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) 635-5-1 (Personnel Separation-Separation Program Designator (SPD) Codes in effect at the time, states AR 635-200, para 14-12c narrative reason will be misconduct and Separation Code JKQ.

3.  AR 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time, sets forth the basic authority for separation of enlisted personnel.

	a.  3-7a(1) 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.  Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted.

	b.  3-7b(1) 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.  3-7b(2) states a characterization of under honorable conditions may be issued only when the reason for the member's separation specifically allows such characterization.  It will not be issued to members upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty.

	d.  3-7c states a discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.  It may be issued for misconduct, fraudulent entry, homosexuality, security reasons, or for the good of service in the following circumstances:

		(1) When the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Army.

		(2) When the reason for separation is based upon one or more acts or omissions that constitutes a significant departure from the conduct expected of members of the Army.

	e.  14-3. Characterization of service, or description of separation, a. An under other than honorable conditions certificate is normally appropriate for a member discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the member's overall record (chap. 3, sec III).  When the sole basis for separation is a separate offense which resulted in a conviction or court martial that did not impose a punitive discharge, the member's service may not be characterized under other than honorable conditions unless approved by HQDA (DAPC-EPAA-S).

	f.  14-12c. Members are subject to separation per this section for commission of a serious offense or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the manual for court martial.

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 (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)	 AR20170005994


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