ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 September 2019

	DOCKET NUMBER:  AR20170013056


APPLICANT REQUESTS:  an upgrade of his discharge

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 did not make a statement.

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

a.  He enlisted in the Regular Army on 4 June 1985.

b.  He accepted/received non-judicial punishment (NJP) on/for:

*	on 13 January 1986, for the wrongful use of marijuana on or about 8 
November 1985 and 18 November 1985.  His punishment consisted of 
reduction to PVT E-1
*	on 3 March 1986, for the wrongful use of  marijuana on or about 3 December 
1985 and 13 December 1985

   c.  On 28 March 1986, the applicant’s commander recommended him for discharge 
under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – 
Enlisted Separations), Chapter 14, paragraph 14-12c for commission of military/civilian 
offense.
   
   d.  On 28 March 1986, the applicant acknowledged receipt of the notification of the 
separation action.  He consulted with counsel and he further acknowledged:
   
*	the rights available to him and the effect of waiving said rights
*	he may encounter substantial prejudice in civilian life if a general discharge 
under honorable conditions discharge is issued to him
*	if he receives a discharge certificate//character of service which is less than 
honorable, he may make application to the Army Discharge Review Board for 
upgrading
*	he would be ineligible to apply for enlistment in the United States Army for 2 
years after discharge

   e.  On 9 April 1986, consistent with the chain of command recommendations, the 
separation authority approved the discharge recommendation for separation under the 
provisions of AR 635-200, Chapter 14 for Commission of a Serious Offense.
   
   f.  He was discharged on 17 April 1986, with a general, under honorable conditions 
discharge.  His DD Form 214 (Certificate of Release or Discharge from Active Duty), 
shows he completed 9 months, 14 days of net active service and 1 month and 15 days 
of inactive service.
   
4.  There is no evidence the applicant has applied to the Army Discharge Review Board 
for review of his discharge within the board’s 15 year statute of limitations.

5.  By regulation, members are subject to separation for patterns of misconduct and 
frequent incidents of discreditable nature with civil or military authorities.

6.  The Board should 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 relief was not warranted.  Based upon the multiple drug offenses 
leading to the applicant’s separation, as well as a lack of post-service character 
evidence submitted by the applicant showing that he has learned and grown from the 
events leading to his separation, 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 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-200 (Personnel Separations), in effect at the time, sets 
forth the basic authority for 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 soldier’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 
characterizations 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 soldier 
whose military record is satisfactory but not sufficiently meritorious to warrant an 
honorable discharge.
   
   c.  Paragraph 4-12c states commission of a serious military or civil offense, if the 
specific circumstance of the offense warrant separation and a punitive discharge would 
be authorized for the same or a closely related offense under the MCM.

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.

ABCMR Record of Proceedings (cont)	 AR20170013056

3

1