ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20170013290


APPLICANT REQUESTS:  an upgrade to her under 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 her auto insurance with USAA does not accept under honorable conditions discharge, so she would like to have an upgrade.

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

	a.  She enlisted in the Regular Army on 29 January 1973.

	b.  Based on the available information, the applicant accepted nonjudicial punishment, Article 15.  She was reduced to the grade of E2, effective 21 August 1974.

	c.  On 22 November 1974, her commanding officer notified her of his intent to initiate separation action against her in accordance with Army Regulation (AR 635-200 (Personnel Separations – Enlisted Separation), Chapter 5-37, in effect at the time, under the Expeditious Discharge Program for her apathetic attitude.

	d.  The applicant acknowledged receipt of the commander’s intent to separate her; however, she did not submit a statement on her own behalf.  She acknowledged that if furnished a general discharge under honorable conditions that she may expect to encounter substantial prejudice in civilian life.

	e.  On 3 December 1974, the separation authority approved her discharge under provisions of AR 635-200, Chapter 5, the Expeditious Discharge Program, in effect at that time.  The applicant was provided a General Discharge Certificate for unsuitability by reason of apathy.

	f.  The applicant was discharged on 23 December 1974.  Her DD Form 214 shows she was discharged with an under other than honorable conditions characterization of service, under provisions of AR 635-200, Chapter 5 (Expeditious Discharge Program). She completed 1 year, 10 months and 25 days of active service.

4.  By regulation, action will be taken to separate a soldier when it is demonstrated that they cannot or will not meet acceptable standards required of enlisted personnel in the Army.  Normally, an honorable discharge will be awarded unless the soldier’s conduct clearly substantiates a general discharge under AR 635-200, Chapter 5-37.

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 review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  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.  She did not provide character witness statements or evidence of post-service achievements for the Board to consider.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board conclude there was insufficient evidence to show an error or injustice which would warrant changing 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, provides for the separation of enlisted personnel.

	a.  Paragraph 1-9d (Honorable Discharge) states an honorable discharge is a separation with honor.  Issuance of an honorable 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 (General Discharge) states 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.

	c.  Chapter 5-37 of this regulation provides that personnel whose performance of duty, acceptability for the Service, and potential for continued effective service fall below the standards required for enlisted personnel in the Army.  Normally, an honorable discharge will be awarded unless the soldier’s conduct clearly substantiates a general discharge.

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)	 AR20170013290
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