ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20170010002 APPLICANT REQUESTS: reconsideration of issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) which upgrades his under other than honorable conditions discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006726 on 11 July 2008. The applicant states after an appeal hearing, his discharge was changed to honorable. 2. The applicant states while stationed at Fort Stewart, GA, he did not receive pay for a year which caused his family financial stress. Also, at the time of his discharge, he was informed that we would receive a general discharge vice an under other than conditions discharge. 3. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 4 January 1980 for 3 years. b. He had continuous honorable service from 4 January 1980 to 24 October 1982. c. He served overseas in Germany from 6 May 1980 to 12 February 1982. d. Court-martial charges were preferred on 1 June 1984. His DD Form 458 (Charge Sheet) indicates he was charged with one specification of being absent without leave (AWOL) from 12 March 1984 to 31 May 1984. e. He consulted with legal counsel on 1 June 1984, and subsequently requested discharge under provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 10 (Discharge for the Good of the Service), in effect at the time. He submitted a statement on his own behalf which stated he went AWOL because he was not receiving the money he needed to keep up with his family bills. He acknowledged: * he was guilty of the charge against him or of a lesser included offense which also authorizes the imposition of a bad conduct or dishonorable discharge * he did not desire further rehabilitation or desire to perform further military service * if his request was accepted, he may be discharged under other than honorable conditions and furnished an Under Other Than Honorable 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 can expect to encounter substantial prejudice in civilian life because of the Other Than Honorable Discharge f. Consistent with the chain of command’s recommendation and after legal review, on 17 June 1984, the separation authority approved the applicant’s request for separation under the provisions of chapter 10, AR 635-200, Chapter 10 (Discharge for the Good of the Service - In Lieu of Court-Martial), in effect at the time. g. On 10 July 1984, he was discharged from the Army. His DD Form 214 shows he was discharged with an under other than honorable conditions characterization of service. He completed 4 years, 3 months and 15 days of active service with 79 days of lost time. It also shows he was awarded or authorized: * Army Achievement Medal * Army Service Ribbon * Overseas Ribbon * NCO Professional Development Ribbon with Numeral 2 * Good Conduct Medal * Expert Marksmanship Qualification (.45 Caliber Pistol) 4. 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. 5. The applicant applied to the ABCMR for an upgrade of his discharge, which was denied on 11 July 2008. 6. By regulation, a member who has committed an offense or offenses, which includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the Service. A discharge under other than honorable conditions normally is appropriate for a soldier discharged for the good of the service. 7 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 found the relief as warranted. Based upon the lengthy period of honorable service completed prior to a single AWOL offense, the Board concluded that granting clemency by upgrading the characterization of service to Under Honorable Conditions (General) was appropriate. Additionally, the Board noted that the applicant completed a period of honorable service which is not currently reflected on his DD Form 214 and recommended that change also be completed to more accurately reflect the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X 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 partial 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. The Board also noted that the applicant had completed a term of honorable service which is not currently reflected on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following additional statement to block 18 (Remarks) of his DD Form 214: “Continuous honorable active service from 4 January 1980 until 24 October 1982.” 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization of his discharge to 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, provides for the separation of enlisted personnel. a. Paragraph 3-7a (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 that 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 10 of this regulation provides procedures for separating soldiers who have committed an offense or offenses, UCMJ includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the Service. An under other than honorable discharge certificate is normally appropriate for a member who is discharged for the good of the service. 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 the 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, 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 upgrade service characterization. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010002 5 1