ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2019 DOCKET NUMBER: AR20170013679 APPLICANT REQUESTS: upgrade of his general under honorable conditions discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for The Review of Discharge From the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge From Active Duty) 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 that he would like to qualify for more of the emergency medical services. When he enlisted, he gave his all, but was later chaptered out of the service. He does not believe he received the best care and should have been offered help. 3. A review of the applicant's service record shows: a. On 10 February 1987, he enlisted in the Regular Army. b. He held the military occupational specialty 31Q (Tactical Satellite/Microwave Systems Operator) and obtained the rank/grade of Private (PV2)/E-2. He was assigned to 229th Signal Battalion, Korea on 14 September 1987. c. He accepted nonjudicial punishment (NJP) under the provisions of Article 15 on/for: * 15 June 1987, verbal disrespect to a non-commissioned officer (NCO) * 13 October 1987, verbal disrespect to a NCO, failure to remain at his prescribed place of duty, and destruction of military property; his punishment * consisted, in part of reduction to Private/E-1 (reduction was suspended for 180 days) * 13 November 1987, for unauthorized absence from the unit area without authority; his 180 day suspension of rank to Private/E-1, imposed on 13 October 1987, was vacated * 23 November 1987, for absence from his place of duty (229th Signal Company Field Site), Yongsan, Korea * 8 December 1987, violating area restrictions imposed from prior NJP by going outside of the restricted limits of Camp Humphreys, Korea d. On 15 October 1987, the applicant had been screened/enrolled into the Army Drug and Alcohol Prevention and Control Program (ADAPCP) Track II. He was reported to be problematic initially, but made marked improvement as time progressed. e. On 23 December 1987, the applicant was provided mental status evaluations and on 11 January 1988, was determined to be psychiatrically cleared for administrative or judicial action(s) as deemed appropriate by his command. The applicant's immediate commander recommended that rehabilitative efforts be waived based on the applicant's mental evaluation and observed duty performance. f. On 26 January 1988, the applicant's immediate commander notified him of his intent to initiate separation proceedings against him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 14, paragraph 14-12b for patterns of misconduct because of his instances of disrespect to an NCO, failure to report, being absent without leave, and breaking restriction. g. The applicant acknowledged the notification the same day, was provided legal counsel, and afforded the opportunity to submit statements on his behalf. h. On 26 January 1988, the applicant was recommended for discharge by his company and intermediate commanders. i. The separating authority approved the applicant's discharge on 28 January 1988, under the provisions of AR 635-200, paragraph 14-12b for pattern of misconduct, with a general under honorable conditions discharge characterization of service. j. The applicant submitted a statement on his behalf on 4 February 1988: * detailing his difficulties with adapting to the military due to alcoholism, and depression when he first joined * articulated his progress to improve his pattern of conduct by conforming to military standards and was proud of his ability to end his dependency on alcohol * * Requested an honorable discharge if he was to be administratively separated based upon his stated improvements k. On 5 February 1988, supporting character statements were provided: * the clinical director of the community counseling center that verified the applicant's participation in weekly alcoholics' anonymous meetings and his positive prognosis * SSG MSG, described the applicant as a person who wants to change his life and would advise a delay in administrative actions in order to further observe the applicant l. On 17 February 1988, the applicant was discharged under the provisions of AR 635-200, paragraph 14-12B, for patterns of misconduct. His DD Form 214 shows he completed 1 year and 8 days of active service and was given a general under honorable conditions character of service. Item 29 (Dates of Time Lost During This Period) shows no days of lost time. His DD Form 214 also shows he was awarded or authorized: * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar 4. By regulation, AR 635-200, Soldiers are subject to separation under the provisions of chapter 14, for conduct prejudicial to good order and discipline which includes conduct that violates the accepted standards of personal conduct found in the Uniform Code of Military Justice, ARs, the civil law, and time-honored customs and traditions of the Army. An under other than honorable is an appropriate and authorized character of service for this chapter. However, the separation authority may direct a general discharge if such is merited by the member's overall record. 5. The Board should consider the applicant's submissions 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 short term of service prior to a long pattern of misconduct, the Board concluded that the characterization of service received at the time of discharge was appropriate. 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. 5/13/2019 X CHAIRPERSON Signed by: 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 given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance. 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. Paragraph 14-12b, of the version in effect at the time, established policy and prescribed procedures for separating members for misconduct. Members are subject to separation for a pattern of misconduct consisting of conduct prejudicial to good order and discipline which includes conduct that violates the accepted standards of personal conduct found in the Uniform Code of Military Justice, ARs, the civil law, and time- honored customs and traditions of the Army. 4. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records 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 a discharge, which may be warranted on equity or relief from injustice grounds. a. 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 on the basis of equity, injustice, or clemency grounds, Boards 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. b. 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 a. 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//