ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 23 October 2019 DOCKET NUMBER: AR20170006710 APPLICANT REQUESTS: an upgrade to his general, under honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150001134 on 20 August 2015. 2. The applicant states he is requesting an upgrade from general, under honorable conditions to an honorable. He was unable to return to his duty station in Germany after attending his grandfather’s funeral, due to the weather in the United States. After multiple attempts to get a flight back, he was unable, due to all flights being grounded and he did notify his lieutenant. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 21 November 1979. b. He served overseas in Germany from 6 July 1981 until 27 May 1982. c. The applicant received multiple counseling statements with dates ranging from 24 September 1981 to 19 January 1982 for the following offenses: * asleep while on guard duty * disrespectful behavior towards a noncommissioned officer * failing room inspection * missing bed check * writing dishonored checks * missing formation d. On 18 May 1982, the applicant's immediate commander notified him that he was initiating action to separate him from the service, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5 (Expeditious Discharge Program (EDP), with a General Discharge Certificate. As reasons for the proposed separation action, the applicant's commander cited lack of self-discipline in management of his personal financial affairs, lack of self- discipline in maintaining his personal equipment and appearance, lack of motivation and a poor attitude. e. On 18 May 1982, the applicant acknowledged receipt of the proposed separation notification and elected not to submit a statement on his own behalf. He also acknowledged that he understood: * he may expect to encounter substantial prejudice in civilian life * there is no automatic upgrading nor review by any government agency of a characterization of service which is under honorable conditions, and that he must apply to the Army Discharge Review Board (ADRB) or Army Board for Correction of Military Records * he will not be permitted to apply for enlistment in the United States Army within 2 years from his date of separation f. Consistent with the commander’s recommendation, the separation authority approved his request for discharge and directed the issuance of a general, under honorable conditions discharge. g. On 28 May 1982, the applicant was discharged from active duty under the provisions of AR 635-200, Chapter 5 for failure to maintain acceptable standards for retention, Expeditious Discharge Program (EDP) and issued a general, under honorable conditions discharge. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 6 months and 8 days of net active service with no lost time. 4. By regulation, enlisted personnel may be discharged, released from active duty or active duty for training, or released from military control, for the convenience of the government with service characterized as honorable or under honorable conditions, as appropriate. 5. 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 did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon the pattern of a substandard performance, as well as the failure to accept responsibility and show remorse for the events leading to his separation, the Board agreed that the applicant's discharge 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 to amend the decision of the ABCMR set forth in Docket Number AR20150001134 on 20 August 2015. 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. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-13a (Honorable) provided that 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 1-13b (General) provided that a general discharge is a separation from the army under honorable conditions. It is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 5 (Separation For the Convenience of the Government) sets forth the conditions under which enlisted personnel may be discharged, released from active duty or active duty for training, or released from military control, for the convenience of the government with service characterized as honorable or under honorable conditions, as appropriate. d. Paragraph 5-31 (Expeditious Discharge Program-EDP) of this section provides that members who have demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel in the Army because of existence of one or more of the following conditions may be separated when they have failed to respond to counseling: * Poor Attitude * Lack of Motivation * Lack of Self Discipline * Inability to adapt socially or emotionally * Failure to demonstrate promotion potential 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) AR20170006710 4 1