ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170012004


APPLICANT REQUESTS: upgrade of his discharge from general, under honorable 
conditions to honorable.

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 (ABCMR) 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 that he was performing above average in regard to all of his 
military duties.  A sergeant disliked him for personal reasons and told him that he would 
do everything that he could to get him out of the military.  The sergeant wrote him up for 
frivolous things on a regular basis.  He believes that since this discharge was due to a 
personal dislike towards himself rather than an indicator of his true performance, his 
discharge should be upgraded to honorable.

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

	a.  He enlisted in the Regular Army (RA) on 2 February 1982.

	b.  He accepted nonjudicial punishment (NJP) on: 

*	9 November 1982, for possession of marijuana; reduced to the grade of 
private/E-1
*	13 May 1983, disrespectful towards a superior noncommissioned officer, 
reduced to the grade of private/E-1
*	23 May 1983, damaged the unit guidon by knocking it to the ground and 
grinded his boots on the flag with his feet

	c.  Attorney advice form, dated 23 May 1983, shows that the applicant consulted 
with council concerning his 23 May 1983 NJP.  He accepted non-judicial punishment.

	d.  On 25 May 1983, the applicant was notified by his immediate commander of 
his intent to recommend separation under the provisions of AR 635-200 
(Personnel Separations – Enlisted Personnel), chapter 13 for unsatisfactory 
performance.  The applicant’s service records are void of documentation showing 
acknowledgment of his commander’s recommendation.

	e.  On 25 May 1983, the adjutant general states that the applicant’s case is 
administratively correct and that the applicant will not be retained in the Individual 
Ready Reserve.

	f.  On 26 May 1983, he acknowledged and was advised by his consulting counsel 
of the bases for the contemplating action to separate him for misconduct under AR 635-
200, chapter 13 and its effect; of the rights available to him; and the effects of any action 
taken by him in waiving his rights.  He understood if he had less than six years total of 
active and reserve military service at the time of separation and am being considered 
for separation for misconduct under AR 635-200, chapter 13, he is not entitled to have 
his case heard by an administrative separation board.  

	g.  On 9 June 1983, the separation authority approved separation under the 
provisions of AR 635-200, chapter 13 general, under honorable conditions.

	h.  He was discharged from active duty on 24 June 1983.  His DD Form 214 
shows that he was under the provisions of (block 25) AR 635-200, chapter 13 
(block 24) general, under honorable conditions for (block 28) unsatisfactory 
performance.  He completed 1 year 4 months and 23 days of active duty service.

4.  By regulation, AR 635-200, Chapter 13 states a Soldier may be separated per this 
chapter when it is determined that he or she is unqualified for further military service 
because of unsatisfactory performance.  

5.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

*	Block 24 (character of service) authorized entries are honorable, under 
honorable conditions (general), under other than honorable conditions, bad 
conduct, dishonorable, to be determined 
*	Block 25 (separation authority) enter the regulatory or statutory authority cited in 
directives authorizing separation 
*	Block 28 (narrative reason for separation) enter the reason for separation (shown 
in AR 635-5-1) based on the regulatory or statutory authority  

?
6.  By regulation (AR 635-5-1), Soldiers separating under the provisions of 
chapter 13 of AR 635-200 are assigned Separation Code JHJ.  The Narrative Reason 
for Separation associated with this chapter and separation Coder is "Unsatisfactory 
Performance."

7.  There is no evidence the applicant has applied to the Army Discharge Review Board 
for review of his discharge within that board's 15-year statute of limitations.

8.  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.  Based upon the short term of honorable service completed prior to a pattern 
of misconduct, 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 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 (AR) 635-200 (Personnel Separations-Enlisted Personnel) in effect 
at the time, provides for the separation of enlisted personnel.

	a.  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.  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 13 states a Soldier may be separated per this chapter when it is 
determined that he or she is unqualified for further military service because of 
unsatisfactory performance.

?
3.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

*	Block 24 (character of service) authorized entries are honorable, under 
honorable conditions (general), under other than honorable conditions, bad conduct, 
dishonorable, to be determined 
*	Block 25 (separation authority) enter the regulatory or statutory authority cited in 
directives authorizing separation 
*	Block 28 (narrative reason for separation) enter the reason for separation (shown 
in AR 635-5-1) based on the regulatory or statutory authority  

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 (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)	 AR20170012004
	
3

1