ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20170008899


APPLICANT REQUESTS:  Upgrade of his general under honorable conditions discharge to honorable and a personal appearance before the Board

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 that he cannot use any USAA products due to the character of his discharge.  He states it has to be honorable for him to use bank, insurance and other product discounts that Veterans are entitled to.

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

	a.  On 20 July 1978, he enlisted in the Regular Army (RA).

	b.  On 26 January 1981 and 12 November 1985, he was honorably discharged for immediate reenlistment.  He reenlisted on 27 January 1981 and 13 November 1985 respectively.

	c.  He served 3 tours in Europe from 6 January 1979 to 29 June 1981, 27 July 1982 to 9 July 1984 and 26 February 1986 to 5 September 1988.

	d.  He accepted nonjudical punishment under Article 15 for multiple failures to report to appointed place of duty.

	e.  On 3 June 1988, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, misconduct –– minor disciplinary infractions.  Specific reasons are since January 1987, numerous counseling sessions, 3 Article 15’s and absent from appointed place of duty or left appointed place of duty on a recurring basis, without authorization.  He advised the applicant of his rights.

	f.  On 9 June 1988, the applicant acknowledged he had been notified of the pending separation action against him, and he had been advised by counsel of the basis for the contemplated action, understood his rights, and elected to submit a statement in his own behalf and a conditional waiver for a general discharge if he waived an appearance before an administrative separation board.  He voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than a general discharge, under honorable conditions.

	g.  On  13 June 1988, the applicant submitted a self-authored statement to the commander requesting to be discharged with an honorable discharge.  He explained the circumstances that led to him pending separation and requested consideration of an honorable or general discharge.

	h.  On 14 June 1988, the immediate commander initiated separation action against the applicant under AR 635-200, paragraph 14-12a, misconduct –– minor disciplinary infractions.  The applicant’s immediate commander recommended approval with the issuance of an under honorable conditions (general) discharge.

	i.  On 14 June 1988, the battalion commander recommended that under the provisions of AR 635-200, chapter 14, paragraph 14-12a, misconduct –– minor disciplinary infractions, and also recommended the applicant’s request for a conditional waiver for a general discharge be approved.

	j.  On 6 July 1988, the brigade commander recommended approval of the separation action and of the conditional waiver of an administrative separation board.

	k.  On 28 July 1988, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12a, misconduct –– minor disciplinary infractions and issuance of a general, under honorable conditions discharge.

	l.  On 6 September 1988, the applicant was discharged from active duty under the provisions of AR 600-200 chapter 14 paragraph 14-12 for misconduct (minor disciplinary infractions) with an under honorable conditions characterization of service.   His DD Form 214 shows he completed 10 years, 1 month and 16 days of active service and was awarded or authorized the following: 
* Army Service Ribbon
* Noncommissioned Officer Development Ribbon w/ number 1
* Army Achievement Medal
* Good Conduct Medal (2nd Award)
* Overseas Service Ribbon w/ number 2
* Expert Marksmanship Badge Rifle M-16
* Sharpshooter Marksmanship Badge Grenade

4.  By regulation, chapter 14 of AR 635-200 provided an Under Other than Honorable Conditions Certificate is normally appropriate for a Soldier discharged under this chapter, except that an honorable or general discharge certificate may be issued if the Soldier’s record is so meritorious that any other characterization clearly would be inappropriate

5.  In reaching its determination, the Board can consider the applicant's petition and his service record in light of the published DoD guidance on equity, injustice, or clemency.

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 it could make a fair and equitable decision in the case without a personal appearance from the applicant.

The Board also determined that relief was warranted.  Based upon the lengthy term of service completed prior to any misconduct, and the misconduct related to the separation being minor in the opinion of the Board, the Board concluded that upgrading the characterization of service to Honorable 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:

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 Honorable.
	 
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, provided for the separation of enlisted personnel from the Regular Army.  It states:

	a.  Chapter 14 established policy and prescribed procedures for separating Soldiers for misconduct.  It stated: Paragraph 14-12a (Minor Disciplinary Infractions) of the regulation provided, in pertinent part, an individual would be subject to separation by reason of minor military disciplinary infractions.  

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

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)	 AR20170008899


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