ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20170008112


APPLICANT REQUESTS: An upgrade of her general discharge to honorable conditions. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the review of Discharge from the Armed Forces of the United States)

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 she asked to get out early and not serve her entire term because she had problems with alcohol.  She received some classes while in for drugs and alcohol abuse but it wasn’t enough.  She had a lot of shame and guilt and was too embarrassed to say anything.  She’s been clean from drugs and alcohol and would like her discharge to be upgraded.  She is not saying the military caused her addiction but she didn’t have a problem before she went in.  She got a DUI (driving under the influence) in 1994 in Colorado while enlisted.  She really regrets not being honest.  She could have gotten help a long time ago and maybe succeed in her military career.  She did earn an Army Achievement Medal while in.  She would like to clean up her past and hoping to upgrade her discharge.

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

	a.  She enlisted on 16 October 1992, in to the Regular Army.

	b.  On 19 May 1994, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 for one specifications of the use of marijuana.  Her punishment consisted, in part, of reduction to private/E-2.

	c.  On 13 September 1994, her immediate commander notified her that action was being initiated and recommended to separate her under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14 (Separation for Misconduct), paragraph 14-12c (Commission of a Serious Offense),  for abuse of a controlled substance, failure to report to duty at prescribed times, and failure to attend  alcohol and drug abuse prevention control program sessions.  He recommended a general discharge.

	d.  On 26 September 1994 she was advised by her consulting counsel of the basis for the contemplated action to separate her for commission of a serious offense under the provisions of AR 635-200,.  She acknowledged:

* she had been afforded the opportunity to consult counsel
* that she was being consider for service characterization under honorable conditions (general)
* understood that as the result of issuance of a discharge under other than honorable conditions she may be ineligible for many or all benefits as a veteran under both Federal and State laws and that she may expect to encounter substantial prejudice in civilian life
	e.  On 26 September 1994, the separation authority approved separation under the provisions of AR 635-200, chapter 14-12(c) with the issuance of an under honorable conditions (general) discharge.

	f.  On 11 October 1994, the applicant was discharged from active duty.  Her DD Form 214 (certificate of Release or Discharge from Active Duty) shows she was discharged for misconduct under the provisions of AR 635-200, Chapter 14-12(c).  Her character of service is under honorable conditions (General).  It shows she completed 1 year, 10 months, and 24 days of active service.  It also shows she was awarded or authorized

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksman Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

4.  By regulation, members are subject to separation for commission in a serious offense.  Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized

5.  In reaching its determination, the Board can consider the applicants 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 prior to a pattern of misconduct, as well as the applicant already receiving a general discharge, the Board concluded there was no error or injustice which would warrant changing the characterization of service.

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, provides for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable Discharge) 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.

	b.  Paragraph 3-7b (General Discharge) 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.  Chapter 14 -12(c) (Commission of a Serious Offense) of that regulation provides that members are subject to separation for commission in a serious offense.  Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge would be authorized separation.

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.

ABCMR Record of Proceedings (cont)	 AR20170008112


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