ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 June 2019

	DOCKET NUMBER:  AR20170011347


APPLICANT REQUESTS:  an upgrade of 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 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 would like to have his under other than honorable conditions discharge upgraded.

   a.  He was informed by his commander he could upgrade and is giving it a shot now 21 years later for the regrets of his life.  He was a punk kid and should have been held accountable.  He allowed his personal problems to make him go absent without leave (AWOL) and fear kept him away.  He finally turned himself in and was told to go home.  He has been a good citizen since then, got married, raised a family, and built a successful business.  At 41 he regrets the decision he made when he was 18 and thinks about it every day.  It haunts him that as a good Soldier, he was allowed to just walk away and he would sign up today if it would allow him to right a wrong.  He believes if they would have held him accountable and made him stay, it would have been the right thing to do.  He does not regret his life because he has a beautiful wife, three gorgeous children, he has never been in trouble, and his home is paid for, but he would like to retire and the discharge still haunts him.  He would like it upgraded.

	b.  He is unaware who will read this and whether or not his efforts will go noticed or if it even matters; however, although it cannot help him in life, it will give him peace of mind to have a DD Form 214 (Certificate of Release of Discharge from Active Duty) that says “Honorable.”  He appreciates your time and effort and even if the letter goes in the trash, it made him feel better just to write it.  He closed with “God Bless.”

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

a. He enlisted in the Regular Army on 3 March 1994.

   b.  Court-martial charges were preferred on the applicant on 30 January 1996 for one specification of being AWOL from 8 May 1995 to 29 January 1996.

   c.  After consulting with legal counsel on 30 January 1996, 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 is guilty of the charges against him or of a lesser included offense
* he did not desire further rehabilitation or further military service
* he understood that if his request for discharge was accepted he could be discharged under other than honorable conditions and furnished an Under Other than Honorable Discharge Certificate
* he would be deprived of many or all Army benefits administrated by the Veterans Administration
* he may be deprived of his rights and benefits of a veteran under both Federal and State laws
* he may expect to encounter substantial prejudice in civilian life because of an undesirable discharge

	d.  Consistent with the chain of command recommendations, on 23 February 1996, the separation approval authority approved the applicant’s request for discharge for the good of the service.  He would be discharged with an under other than honorable conditions discharge and reduced to the lowest enlisted grade.

	e.  On 17 April 1996, he was discharged from active duty under the provisions of AR 635-200, chapter 10.  He completed 1 year, 4 months, and 24 days of active service with 265 days lost time.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge

4.  By regulation, an individual who has committed an offense or offenses, the punishment for any of which includes a bad conduct discharge or dishonorable discharge, may submit a request for discharge for the good of the service.  An Under Other than Honorable Discharge Certificate normally is appropriate for a member 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 relatively short term of service, the lengthy AWOL offense, as well as the applicant failing to state what the personal problem was that caused him to go AWOL, the Board concluded there was insufficient evidence to warrant making a change to the 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.  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 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.

	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 member whose military record is satisfactory but 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 any of which includes a bad conduct discharge or dishonorable discharge, may submit a request for discharge for the good of the service.  An Under Other than Honorable Discharge Certificate normally is 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 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)	 AR20170011347


4


1