ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20170010781


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions 
discharge to an under honorable conditions (general) discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record).

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 he would like his other than honorable discharge to be changed 
to general.  He adds that he went to visit his ill father while being stationed in Germany.  
He returned to Fort Sill and was told by the authorities that he would receive an Article 
15 and jail time if he returned to Germany.  He was told if he agreed to return home and 
come back in 30 days, they would get him out-processed from the military and he would 
not have to go to jail.  He was scared and did as he was told.

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

   a.  Having prior service in the Navy, he was honorably released on 23 April 1971.  
He enlisted in the Regular Army on 4 March 1975.

   b.  He served in Germany from 12 February 1977 to 24 February 1978.

   c.  On 9 September 1977, court-martial charges were preferred on the applicant for 
two specifications of being absent without authority from 22 April 1977 to 21 May 1977 
and from 28 May 1977 to 5 September 1977.

	d.  On 8 September 1977, after consulting with legal counsel he requested a 
discharge for the good of the service under the provisions of chapter 10, Army 
Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel).  He 
acknowledged:

*	maximum punishment
*	he was guilty of the charges against him or of a lesser included offense
*	he does not desire further rehabilitation or further military service
*	if his request for discharge was accepted, he may be discharged under other 
than honorable conditions and furnished an Undesirable Discharge Certificate
*	he would be deprived of many or all Army benefits, he may be ineligible for 
many or all benefits administered by the Veterans Administration, and that he 
may be deprived of his rights and benefits as a veteran under both Federal 
and State law
*	he may expect to encounter substantial prejudice in civilian life

	e.  On 29 September 1977, consistent with the chain of command 
recommendations, the separation approval authority approved the applicant’s request 
for discharge for the good of the service.  He would be issued an Under Other Than 
Honorable Condition Discharge Certificate and reduced to the lowest enlisted pay 
grade.

	f.  On 29 September 1977, he was discharged from active duty with an under other 
than honorable conditions characterization of service.  His DD Form 214 (Report of 
Separation from Active Duty) shows he completed 2 years, 2 months, and 14 days of 
active service with 131 days lost time.  He was also credited with 1 year, 11 months, 
and 23 days of prior active service.  It also shows he was awarded or authorized:

*	National Defense Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar
*	Vietnam Service Medal
*	Vietnam Campaign Medal
*	Overseas Service Bar – Two
*	Republic of Vietnam Gallantry Cross Unit Citation with Palm

4.  By regulation, an individual who has committed an offense or offenses, the 
punishment for which, includes a bad conduct or dishonorable discharge, may submit a 
request for discharge for the good of the service.  An Undesirable Discharge Certificate 
will normally be furnished an individual who is discharged for the good of the service.

5.  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 determined that relief was not warranted.  Based upon the length of the AWOL 
offense and the lack of character evidence submitted by the applicant to show 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 separation 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 635-200 (Personnel Separations – Enlisted Personnel), in effect at 
the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 1-9d (Honorable Discharge) states an honorable discharge is a 
separation with honor.  Issuance of an honorable discharge will be conditioned upon 
proper military behavior and proficient performance of duty during the member’s current 
enlistment of current period of service with due consideration for the member’s age, 
length of service, grade, and general aptitude.

	b.  Paragraph 1-9e (General Discharge) states a general discharge is a separation 
from the Army under honorable conditions of an individual whose military record is not 
sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 10 of this regulation states an individual who has committed an offense 
or offenses, the punishment for which, includes a bad conduct or dishonorable 
discharge, may submit a request for discharge for the good of the service.  An 
Undesirable Discharge Certificate will normally be furnished an individual 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 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)	 AR20170010781

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