ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20170011150 APPLICANT REQUESTS: an upgrade to his under honorable conditions (general) discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) 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 wanted to upgrade his discharge to honorable because he really enjoyed serving his country. He would like his record to reflect he did a good service while he was in the Army. He would like to receive full benefits of an honorable discharged veteran. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated, 1 October 1991 to 27 January 1995. 4. A review of the applicant’s service record shows: a. His military personnel records is void of specific facts and circumstances concerning the events that led to his discharge for the period of service from 1 October 1991 to 27 January 1995. b. His DA Form 2-1 (Personnel Qualification Record) shows that he had prior service in the Army Reserve Delay Entry Program from 22 May 1991 to 30 September 1991. He entered the Regular Army on 1 October 1991 to 27 January 1995. He held the Military Occupational Specialty (MOS) of Combat Signaler. He was last assigned to Fort Shafter, HI. c. The applicant was discharged from active duty on 27 January 1995 under the provisions of AR 635-200 (Personnel Separations-Enlisted Personnel), paragraph 14-12b for misconduct, SPD JKA –a pattern of misconduct consisting of discreditable incidents - civilian or military. His DD Form 214 shows he held the MOS of Combat Signaler. .His characterization is under honorable conditions, general. He completed 3 year and 3 months and 27 days of active service this period. He had no lost time. It also shows that he was awarded or authorized: * Army Service Ribbon * National Defense Service Medal * Overseas Service Ribbon * Expert Marksmanship Marksman Qualification Badge with Rifle Bar 5. On 16 March 1998, he requested a waiver to join the Honolulu, HI Army National Guard. He received nonjudicial punishment on 18 October 1994 for an offense of misconduct and was reduced to Private First Class/E-3. His waiver was approved on 7 April 1998 and he joined the Honolulu, HI National Guard on 13 April 1998 for three years as a Radio Transport Operator. 6. By regulation 635-200, paragraph 3-7b states 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. Paragraph 14-3 states that an under other than honorable conditions certificate is normally appropriate for a member discharged under this chapter. 7. By regulation 635-5-1 (Personnel Separations-Separation Program Designators), members are subject to, separation code JKA is appropriate when the narrative reason for discharge is separation for a pattern of misconduct consisting of discreditable incidents - civilian or military. 8. In reaching its determination, the Board can consider the applicants 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 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. He did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon the available documentary evidence in the record and the applicant already receiving a general discharge, the Board determined there was insufficient evidence to show an error or injustice was present which would warrant making a change to the applicant’s characterization of service. 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. AR 635-200 in effect at the time, provides for the 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 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. c. Chapter 14 -12b states Soldiers are subject to separation when a pattern of misconduct consisting of discreditable involvement with civil or military authorities, conduct prejudicial to good order and discipline. Discreditable conduct and conduct prejudicial to good order and discipline includes conduct violation of the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army. 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) AR20170011150 3 1