ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  8 August 2019

	DOCKET NUMBER:  AR20170012439


APPLICANT REQUESTS:  an upgrade of his under honorable conditions discharge 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Records)

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 is trying to fix his discharge type, so he can attend school to 
better his life for himself and his family.  He also submitted a DD Form 293 to the Army 
Discharge Review Board.

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

	a.  Having had prior service, the applicant enlisted on 26 March 2008 and his time in 
service is as follows:

*	Army National Guard 26 March 2008 to 25 June 2008
*	Individual Advanced Training 26 June 2008 to 2 December 2008
*	Army National Guard 3 December 2008 to 4 December 2009
*	Active Duty Training 5 June 2008 to 1 September 2009
*	Army National Guard 2 September 2009 to 6 December 2010

	b.  The applicant’s record is void of the specific facts and circumstances concerning 
the events, which led to his discharge from the Army.

	c.  On 13 September 2012, the General Court Martial Convening Authority 
determined that upon reviewing the recommendations of the applicant’s medical 
evaluation board, his medical conditions was not the direct or substantial contributing 
cause of the misconduct that led to his separation proceedings.  
	d.  On 2 October 2012, he was discharged from active duty UP of AR 635-200, 
Chapter 14, paragraph 14-12b (A Pattern of Misconduct) and issued an Under 
Honorable Conditions (General) Discharge.  His DD Form 214(Certificate of Release or 
Discharge from Active Duty) shows he completed 1 year, 9 months and 26 days of net 
active service.  He was awarded or authorized the National Defense Service Medal and 
the Army Service Ribbon.

4.  The applicant applied to the Army Discharge Review Board (ADRB) and on 
15 February 2012, to the applicant in response to his request for correction of his 
military record.  The ADRB states that after careful review of his application, military 
records and all other available evidence, the ADRB determined that he was properly 
and equitably discharged and denied his request to change his character and/or reason 
of his discharge.

5.  By regulation (AR 635-200), action will be taken to separate a member for a pattern 
of misconduct.  A discharge under other than honorable conditions is normally 
appropriate for a Soldier discharged under this chapter.

6.  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 limited documentary 
evidence provided by the applicant and found within the military service record, the 
Board concluded that there was insufficient evidence to show that 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.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), sets forth the 
basic authority for the separation of enlisted personnel.

     a.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law.  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 provides that a general discharge is a separation from the Army 
under honorable conditions.  When authorized, it is issued to a Soldier whose military 
record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

     c.  Chapter 14, establishes policy and prescribes procedures for separating members 
for misconduct.  Specific categories includes minor disciplinary infractions, a pattern of 
misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions 
by civil authorities and desertion or being absent without leave.  Action will be taken to 
separate a member for misconduct when it is clearly established that rehabilitation was 
impracticable or was unlikely to succeed.  Army policy states that an under other than 
honorable discharge is normally considered appropriate; however, a general under 
honorable conditions or an honorable discharge may be granted.

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.

ABCMR Record of Proceedings (cont)	 AR20170012439

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