ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20170007654 APPLICANT REQUESTS: upgrade of discharge from under other than honorable conditions to honorable or general. 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) 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, in effect, he wants to apply for an honorable or general discharge to reflect on his DD Form 214 so he will be eligible to apply for government jobs. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 8 September 1977. He reenlisted on 9 February 1980, 26 January 1983, and 18 November 1985. He attained the rank/grade of staff sergeant/E-6. b. On 20 November 1987, the applicant went absent without leave (AWOL) through 24 November 1987. c. On 1 December 1987, the applicant went AWOL through 2 December 1987. d. On 13 December 1987, the applicant was confined in the hands of civilian authorities through 14 December 1987. His service record was void of arrest documents. e. On 15 December 1987, the applicant went AWOL through 16 December 1987. f. On 24 December 1987, the applicant went AWOL through 29 December 1987. g. On 5 January 1988, the applicant went AWOL through 12 January 1988. h. Orders Number 19-49, dated 2 February 1988, issued by Headquarters, 573rd Personnel Services Company, Fort Bragg, NC, reduced the applicant in rank from staff sergeant/E-6 to private/E-1, effective 19 January 1988. i. The applicant’s service record is void of court-martial related documentation and all documents notifying and recommending him for discharge by his chain of command. j. Orders Number 19-38, dated 2 February 1988, issued by Headquarters, 573rd Personnel Services Company, Fort Bragg, NC, notified the applicant that he was assigned to the U.S Army Fort Bragg Transition Point for separation processing effective 4 February 1988. k. The applicant was discharged from active service on 5 February 1988 under the provisions of AR 635-200, chapter 10, for the good of the service-in lieu of court martial. His DD Form 214 shows his service was characterized as under other than honorable conditions. He completed 10 years, 5 months, and 4 days of active service during this period and had lost time: from 20 to 24 November 1987, 1 to 2 December 1987, 15 to 16 December 1987, 24 to 29 December 1987, and 5 to 12 January 1988. His DD Form 214 also shows he was awarded the following: * Army Commendation Medal * Army Good Conduct Medal (3rd Award) * Noncommissioned Officer Professional Development Ribbon (with numeral 1) * Army Service Ribbon * Drivers Badge * Expert Marksmanship Qualification Badge with Rifle Bar 5. By regulation AR 635-200, a member 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 in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 6. The Board should consider the applicant’s submission 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 warranted. Based upon the lengthy term of service completed prior to a pattern of misconduct, the Board concluded that granting some clemency to recognize the service completed prior to the misconduct was appropriate. Therefore, the Board recommended upgrading his characterization of service to Under Honorable Conditions (General) was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Under Honorable Conditions (General). 2. Prior to closing the case, the Board noted the administrative note below by the analyst of record and recommended that change also be made to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows his DD Form 214 omitted administrative entries in the Remarks block. As a result, amend the DD Form 214 by adding in item 18 the entry “Continuous honorable service 19770809 to 19851117.” 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) 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. It states for item 18 (Remarks) to Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable”, enter “Continuous Honorable Active Service from” (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment). 3. AR 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 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 provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 10 of that regulation provides, in pertinent part, that a member 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 in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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. ABCMR Record of Proceedings (cont) AR20170007654 3 1