ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170010094 APPLICANT REQUESTS: a reconsideration to his previous request for an upgrade to his under other than honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Electronic DD Form 149 (Application for Correction of Military Record) * Character Reference from DH * Copy of Bachelor’s Degree * Commanders Recommendation for Separation * Discharge Orders from United States Army Reserve * Congressional Correspondence 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 AR20090018656 on 25 May 2010. 2. The applicant states: a. He would like his discharge characterization changed from other than honorable (OTH) to a general discharge. He does not think the discharge was equitable considering the situation he found himself in at the time. He was working two jobs, enrolled in college full time, and trying to balance this along with a new family (wife and child) and the Army Reserves. His discharge was for missing too many drills (unsatisfactory participant). While this is true, he made every effort to inform his chain of command of his absence from drills. He had planned on making up the lost time when he could. His chain of command did not notify him of the coming discharge and he was issued an "other than honorable" discharge from the Army Reserves. If you look at his commander's recommendation for discharge he suggested he be given an uncharacterized discharge. b. He is unsure why it was downgraded to an OTH and not given a General discharge. He is unsure why he was discharged at all. He has spent the last 10 years trying to either get back into the Army or have his discharge upgraded as he feels strongly the discharge was not equitable. The discharge has had a profound effect on his life. More so because he has been barred from joining the life that he loves. His naive, youthful-self did not have the foresight to envision the consequences of missing drills. He was not given counsel, nor was he contacted by his noncommissioned officer in charge. He served three and a half years honorably and to have his honor tarnished for circumstances which he thought he could manage is disheartening. Despite his service characterization, he has had numerous personal achievements which include: The birth of his children, earning a Bachelor’s Degree and becoming an Ultra Marathon Runner. He has also started a Master's program as well. He is seeking this correction not for the purpose of benefits, but for the purpose of again gaining employment in the US Army, and reestablishing his honor. He hopes he has provided enough evidence on his character and maturity to convince the Board of a positive decision on his behalf. 3. The applicant provides a character reference from DH, which states he is writing to recommend that the applicant receive a waiver that would allow him to enlist in the Georgia Army National Guard. He is aware of the applicant’s past discharge and his service characterization of OTH for "Unsatisfactory Participation" in the U.S. Army Reserve. He knows the applicant through personal connections and has no reason to believe that he will be anything other than a high performer in any unit he may be assigned to in the future. Since his discharge, the applicant has demonstrated his commitment to self-improvement by achieving academic accolades, as well as, professional and personal achievements. In his civilian career, the applicant started as a call center operator. After only six months on the job, the applicant became a full IT Business Analyst while still attending college. He completed his Bachelor's Degree in Business Administration with a high grade point average. While excelling at work and raising a family, the applicant has continued to pursue his personal goals by setting his sights on a master's program. He has proved that while having a checkered past, he has learned from his mistakes and has greatly matured, both personally and professionally. His drive for success and willingness to pursue worthwhile goals make him a great candidate for continued military service. He believes both the Georgia National Guard and the applicant will mutually benefit from his enlistment. Please give full consideration towards waiving his prior service discharge and allow him to reenlist. 4. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserve on 2 April 2003. b. The applicant’s record is void of the complete facts and circumstances that led to his separation. However, his service record does contain a portion of his separation packet, which shows his commander recommended that he be separated under the provisions of Army Regulation 135-178, (Army National Guard and Army Reserve – Enlisted Administrative Separations), specifically for unsatisfactory participation and failure to respond to official correspondence. It was recommended that the applicant receive an uncharacterized conditions discharge. c. The applicant received orders discharging him from the USAR, under the provisions of AR 135-178, effective 6 June 2006 and was issued an under other than honorable discharge. 5. On 25 August 2008, the Army Discharge Review Board (ADRB) reviewed the applicant's discharge processing but found it proper and equitable. The ADRB denied his request for an upgrade of his discharge. 6. By regulation, AR 135-178, chapter 9 (Unsatisfactory Performance) a Soldier may be discharged when it is determined under the guidance set forth in chapter 2, section I, the Solder is unqualified for further military service by reason of unsatisfactory performance. 7. 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 review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions and letter of support were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. Based upon the his failure to participate, as well as a demonstration to fully to accept responsibility and show remorse for the events leading to his separation, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. 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 to amend the decision of the ABCMR set forth in Docket Number AR20090018656 on 25 May 2010. 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. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation (AR) 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations) in effect at the time, establishes policies, standards and procedures governing the administrative separation of certain enlisted soldiers of the Army National Guard of the United States and the United States Army Reserve as directed by the Department of Defense Directive 1332.14, December 1993 Subject: Enlisted Administrative Separations. a. Paragraph 2-9a (Honorable) states that an 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 than any other characterization would be clearly inappropriate. b. Paragraph 2-9b (General) says that if a soldier’s service has been hones and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspect the soldier’s conduct or performance of duty outweighs positive aspects of the soldier’s military record. c. Paragraph 2-9c (Under Other Than Honorable Conditions) states that service may be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, homosexual conduct, unsatisfactory participation, or security reasons. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010094 4 1