ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170011903 APPLICANT REQUESTS: in effect, reconsideration of the upgrade of his general under honorable conditions discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), period ending 24 January 1969 * General Discharge Certificate, dated 14 September 1972 * Resume (Spanish) * Bank Memorandum (Spanish/English) * Training and course completion certificates * Certificate of Achievement * 3 Identification/Licenses (Spanish) 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 AR20130015933 on 8 May 2014. 2. The applicant states, in effect, he completed more than two years active duty in the Armed Forces. He states at the time of his application, he was 70 years old and retired from his job. He requests help to update the type of discharge given in his service record. 3. The applicant provides: * copy of his DD Form 214, issued upon his release from the Regular Army * copy of his General Discharge Certificate * copy of his resume, written in Spanish * a memorandum from Banco Popular de Puerto Rico, identifying the applicant’s name and retail financing * Training and course completion certificates which indicates he completed the following training since his release from active duty: * Civil and Criminal Investigation * Professional Collector Course * Seminar on Legal Procedures * 2 courses in Spanish * Certificate of Achievement for the completion of Branch Operating Practices and Procedures * Applicant’s licenses (in Spanish) to carry firearms and, a licensed Private Detective; Department of Veterans Affairs (VA) Healthcare Identification 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 20 June1966. b. Charge Sheet was not available for review. On 28 February 1967, he was charged by a special court-martial in accordance with Special Court-Martial Order Number 7, dated 15 March 1967, issued by Headquarters, US Army Command Group, US Army Forces Southern Command, Puerto Rico (PR), of two specifications of absenting himself from his organization without proper authority from 16 September to 17 October 1966 and from 7 November 1966 to 2 February 1967. c. The judge sentenced him to be confined at hard labor for a period of six (6) months and to forfeit $60.00 a month for a period of six (6) months. The sentence was adjudged on 28 February 1967. d. On 15 March 1967, the convening authority approved the sentence and ordered it duly executed. The applicant was committed to the stockade and the confinement was served therein or elsewhere as competent authority directed. Headquarters, U.S. Army Forces Southern Command, affirmed the findings and sentence on 28 March 1967. e Special Court-Martial Order Number 23 dated 5 June 1967, issued by Headquarters, US Army Forces Southern Command, PR, suspended the unexecuted portion of the applicant’s sentence for three (3) months. Unless the suspension was sooner vacated, the unexecuted portion of the sentence to confinement would be remitted without further action. f. The applicant accepted non-judicial punishment under Article 15, on/for: * 6 July 1967, for failing to go to his appointed place of duty at the prescribed time * 22 October 1968, for disobeying a lawful order given by a commissioned officer g. Special Orders Number 6, dated 8 January 1969, issued by Headquarters, U.S. Armed Forces Southern Command, PR, released the applicant from active duty (REFRAD) and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 24 January 1969. h. His DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge), shows he was discharged in accordance with Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), Separation Program Number (SPN) 201, in the temporary rank/grade of specialist/E-4. The applicant’s reason from separation was due to an expiration of term of service (ETS). He received a general under honorable conditions discharge. His DD Form 214 also shows he completed 2 years of creditable active military service and had 215 days of lost time. i. The applicant continued his military service in the USAR. On 13 January 1971, he submitted a request to his commanding officer to be transferred to the USAR Control Group (Annual Training), due to incompatible occupation reasons. He was assigned to the USAR Control Group (Annual Training), on 5 May 1972, until his complete discharge from the USAR on 14 September 1972. He was issued a General under Honorable Discharge Certificate effective the same day. 5. On 16 May 2014, the applicant was notified that the Army Board for Correction of Military Records, Docket Number AR20130015933, Boarded on 8 May 2014, determined that insufficient evidence was presented to indicate probable material error or injustice, and the application was denied. 6. By regulation (AR 635-200), 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. A general discharge may be issued if an individual has been convicted of an offense, in part, by more than one special court-martial in the current enlistment period or obligated service or any extension thereof. 7. The Board should consider the applicant's submissions 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 evidence of achievements 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 for the Board to consider. Based upon the short term of honorable service completed prior to a pattern of misconduct which included multiple lengthy AWOL offenses, the Board agreed that the applicant's discharge characterization was warranted. 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 AR20130015933 on 8 May 2014. 12/4/2019 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-9d, provides that 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, provides that 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. A general discharge may be issued if an individual has been convicted of an offense, in part, by more than one special court-martial in the current enlistment period or obligated service or any extension thereof. 2. 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