ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20170007258


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

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.  The applicant states at the time he went absent without leave (AWOL), he was having extreme personal difficulty with his squad leader.  He could not overcome the difficulties with the squad leader through the chain of command.  He felt as though he had no way to resolve the personal conflict.  He felt he had to leave because he feared for his safety. He turned himself in to military authorities after being AWOL for 108 days.  He realizes now, going AWOL was not in his best interest but at the time he thought it was his only option.  He has turned his life to positive now and respectfully request a discharge upgrade.  He is thankful for the Board’s consideration.

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

	a.  He enlisted in the Regular Army on 16 September 1986.  

	b.  On 13 April 1987, he was reported in an AWOL status and on 13 may 1987, he was dropped from the rolls as a deserter.  He returned to military control on 2 June 1987. 

	c.  On 10 June 1987, court-martial charges were preferred against him.  His DD Form 458 (Charge Sheet) indicates he was charged with one specification of being absent without authority from 13 April 1987 to 2 June 1987.  

	d.  On 10 June 1987, he consulted with legal counsel and subsequently requested discharge for being AWOL from 13 April 1987 to 10 June 1987, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, discharge for the good of the Service.  He acknowledged:

* maximum punishment
* he was guilty of the charge against him of a lesser included offense therein contained which also authorizes the imposition of a bad conduct discharge or dishonorable discharge
* he did not desire further rehabilitation or a desire to perform further military service
* he understood if his discharge was accepted he could be separated with an under than honorable conditions discharge and furnished an Undesirable Discharge Certificate
* he would be deprived of many or all Army benefits and that he may be ineligible for benefits by the Department of Veterans Affairs and benefits of a Veteran under Federal and State law
* in his request for discharge, he elected not to submit a statement

   e.  On 31 August 1987, consistent with the chain of command’s recommendations, the separation authority approved the applicant’s request for discharge under the provisions of AR 635-200, chapter 10, for the good of the service.  He directed issuance of an under other than honorable conditions characterization of service.

   f.  On 25 September 1987, he was discharged from active duty.  His DD 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of AR 635-200, chapter 10, for the good of the service – in lieu of court martial.  His characterization of service is an under other than honorable conditions.  It also show he completed 10 months, and 21 days of active service, with 108 days of lost time and he was awarded or authorized:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Hand Grenade 

4.  By regulation AR 635-200, chapter 10 an individual who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service.  The request may be submitted at any time after charges have been preferred.  An under other than honorable discharge certificate will normally be furnished an individual who is discharged for the good of the service.  Paragraph 3-7c states that 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.  
5.  By law and regulation, periods of AWOL, confinement, and desertion are considered lost time which is not creditable service for pay, retirement, or veterans' benefits.  The lost time is required to be listed on the DD Form 214 even if the periods of time lost were later made up.  

6.  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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the short term of service completed and the lack of character evidence to show that the applicant has learned from the events which led to his discharge, 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 l2.  

2.  AR 635-200 in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable discharge) states that 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.

	b.  Paragraph 3-7b (General discharge) states 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 10 of that regulation provides that a member who has committed an offense or offenses, the punishment for any which, includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service.  An under other than honorable discharge is normally appropriate for a member who is discharged for the good of the service.  However, the discharge authority may direct an honorable or general discharge, if such are merited by the member’s overall record during the current enlistment.

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 imitations if the ABCMR determines it would be in the interest of justice to do so.

ABCMR Record of Proceedings (cont)	AR20170007258


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