ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 July 2019

	DOCKET NUMBER:  AR20170011875


APPLICANT REQUESTS:  an upgrade of his undesirable discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Special Orders for Undesirable Discharge, No. 142
* National Personnel Records Center Letter
* Army Review Board Agency Letter

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 was discriminated against while serving in the Army.  He believes he was singled out by leadership and in an effort to obtain some relief, he elected to go absent without leave (AWOL).  He has been trying for a number of years to correct his military records.

3.  The applicant provides:

	a.  Special Orders for Undesirable Discharge, No. 142, dated 6 December 1955, which states the applicant was discharged under the provisions of Army Regulation 615-368 (Discharge – Unfitness and Undesirable Habits or Traits of Character) and the date of discharge was 8 December 1955.

	b.  A letter from the National Personnel Records Center, dated 19 April 2016, which states the applicant’s military records were destroyed in a fire at the center on 
12 July 1973.  Although they could not reconstruct complete personal/medical records, they enclosed a NA Form 13038, Certification of Military Service.

	c.  A Certification of Military Service, dated 3 April 2003, which certifies the applicant was a member of the Regular Army from 1 February 1952 to 8 December 1955.

	d.  A letter from the Army Review Board Agency, dated 22 April 2016, which states The White House referred his Presidential Inquiry to the Army Board of Corrections of Military Records (ABCMR).  ABCMR stated the applicant’s previous application, dated 
5 August 2003 was administratively closed without action because his records were destroyed at the National Personnel Records Center in St. Louis, Missouri (see attached).

4.  On 12 July 1973, a fire destroyed approximately 18 million soldiers’ records at the National Personnel Records Center.  It is believed the applicant’s service record were lost in the fire.  The complete facts and circumstances surrounding the applicant’s discharge are unavailable for the Board to review.  However, his discharge orders state he was effectively discharged with an Undesirable Certificate on 8 December 1955.

5.  By regulation, Army Regulation 615-368 (Discharge – Unfitness and Undesirable Habits or Traits of Character), in effect at the time, provides procedures when an individual has demonstrated that he is totally unfit for further retention in the military service and rehabilitation is considered impossible after repeated attempts to accomplish the same have failed.  An undesirable discharge certificate is furnished to soldiers with an under conditions other than honorable characterization of service.

6.  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 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.  The misconduct leading to the discharge was not available for the Board; however, there is evidence he was separated for some form of misconduct in which he contends was AWOL.  Based upon his failure 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 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 615-360 (Enlisted Personnel – Discharge), in effect at the time, sets forth the general provisions governing the separation from the service of enlisted and inducted persons prior to expiration of their terms of service.

	a.  Paragraph 8 (Honorable Discharge) states an honorable discharge certificate will be furnished when the individual has character ratings of at least “very good”, efficiency ratings of at least :excellent”, has not been convicted by a general court-martial and not convicted more than once by a special court-martial.

	b.  Paragraph 9 (General Discharge) states individuals discharged under honorable conditions which do not qualify them for an honorable discharge will be furnished a general discharge.

3.  Army Regulation 615-368 (Discharge – Unfitness and Undesirable Habits or Traits of Character), in effect at the time, provides procedures when an individual has demonstrated that he is totally unfit for further retention in the military service and rehabilitation is considered impossible after repeated attempts to accomplish same have failed.  An undesirable discharge certificate is furnished to soldiers with an under conditions other than honorable characterization of service.

4.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011875


4


1