ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  19 July 2019

	DOCKET NUMBER:  AR20170007827  


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge).

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 that he received a presidential pardon from GF.  At the time he 
was discharged, he took what he believed to be the only viable alternative because he 
was not being the person he wanted to be.  He also has not had any contact with 
anyone who was aware of his previous problems, as they are all deceased. He also 
states that he was the only support that his wife was able to rely on and that he was 
shot by his wife’s uncle in family dispute.  He states that he is still with his wife and that 
they just celebrated their 44th anniversary. 

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

a.	He enlisted in the Regular Army on 6 July 1972.  

b.	On 10 April 1973, he received nonjudicial punishment under Article 15 at Fort 
Campbell, KY, for being absent without leave (AWOL) on 6 April 1973. 

	c.  On 18 September 1973, court-martial charges were preferred.  His DD Form 458 
(Charge Sheet) indicates he was charged with two specifications of absence without 
leave from 28 June to 10 August 1973 and from 4 to 18 September 1973.  

	d.  On 20 September 1973, he consulted with legal counsel, and subsequently 
requested discharge 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
*	if his request was accepted, he may be discharged under other than 
honorable conditions and furnished an Undesirable Discharge Certificate
*	he may ineligible for many or all benefits administered by the Veterans 
Administration, and he may be deprived of rights and benefits as a Veteran 
under both Federal and State laws
*	he may expect to encounter substantial prejudice in civilian life because of an 
undesirable discharge

	e.  On 20 September 1973, he submitted a sworn statement.  He stated that he 
requested a Chapter 10 discharge because his wife was pregnant and threatening to 
commit suicide.  She told him to choose between her and the Army, and he decided to 
choose her.

	f.  On 11 October 1973, consistent with the chain of command recommendations, 
the separation authority approved the applicant’s request for discharge under the 
provisions of chapter 10, AR 635-200.  He directed a discharge with an Undesirable 
Discharge Certificate.

	g.  On 24 October 1973, he was discharged from active duty under the provisions of 
chapter 10, AR 635-200 with an under conditions other than honorable characterization 
of service (undesirable discharge).   His DD Form 214 (Report of Separation from Active 
Duty) shows he completed 11 months and 18 days of active service, with 123 days of 
time lost.  

	h.  On 9 June 1976, he received a DD Form 215 (Correction to DD Form 214, 
Report of Separation from Active Duty) that shows a Clemency Discharge issued in 
recognition of satisfactory completion of alternative service pursuant to Presidential 
Proclamation number 4313.

i.	There is no evidence the applicant has applied to the Army Discharge Review
Board for review of his discharge within that board's 15-year statute of limitations.

4.  By regulation, an individual who has committed an offense or offenses, the 
punishment for which, includes a bad conduct or dishonorable discharge, may submit a 
request for discharge for the good of the service.  An Undesirable Discharge Certificate 
normally is appropriate for a member who is discharged for the good of the service, in 
lieu of trial by court-martial.

5.  Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was issued by 
President Ford and affected three groups of individuals.  One group was members of 
the Armed Forces who were in an unauthorized absence status. These individuals were 
afforded an opportunity to return to military control and elect either a discharge under 
other than honorable conditions under PP 4313   or to stand trial for their offenses and 
take whatever punishment resulted.  For those who elected discharge, a Joint Alternate 
Service Board composed of military personnel would establish a period of alternate 
service of not more than 24 months that the individuals would perform.  If they 
completed the alternate service satisfactorily, they would be entitled to receive a 
Clemency Discharge.  The Clemency Discharge did not affect the underlying discharge 
and did not entitle the individual to any benefits administered by the VA.  

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 
honorable service completed prior to multiple AWOL offenses, the Board concluded that 
the characterization of service received at the time of separation 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 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at 
the time, sets forth the basic authority for the 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.

	c.  Chapter 10 of this regulation states an individual who has committed an offense 
or offenses, the punishment for which, includes a bad conduct or dishonorable 
discharge, may submit a request for discharge for the good of the service.  An 
Undesirable Discharge Certificate will normally be furnished an individual who is 
discharged for the good of the service.

3.  Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was issued by 
President Ford and affected three groups of individuals.  One group was members of 
the Armed Forces who were in an unauthorized absence status. These individuals were 
afforded an opportunity to return to military control and elect either a discharge under 
other than honorable conditions under PP 4313   or to stand trial for their offenses and 
take whatever punishment resulted.  For those who elected discharge, a Joint Alternate 
Service Board composed of military personnel would establish a period of alternate 
service of not more than 24 months that the individuals would perform.  If they 
completed the alternate service satisfactorily, they would be entitled to receive a 
Clemency Discharge.  The Clemency Discharge did not affect the underlying discharge 
and did not entitle the individual to any benefits administered by the VA.  

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.  


ABCMR Record of Proceedings (cont)	 AR20170007827

4

1