ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  26 June 2019

	DOCKET NUMBER:  AR20170013925


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions 
discharge.  

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 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 get health coverage.  He has not tried before 
because he has been working.  He has been in the nursing field for 21 years.  He states 
that he made an error in reenlisting, but he was too late to change it.  He was talked into 
reenlisting.  He received an honorable discharge for his previous three year enlistment 
and that should count for something.

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

	a.  He enlisted on 3 August 1979 in the Regular Army (RA).  He immediately 
reenlisted in the RA on 31 March 1982.  

	b.  On 16 March 1986, court-martial charges were preferred against him.  His DD 
Form 458 (Charge Sheet) indicates he was charged with one specification of absence 
without leave of AWOL from 26 July 1983 to 14 April 1986.



	c.  On 16 April 1986, after consulting with legal counsel, he subsequently requested 
discharge under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service).  
He acknowledged:

*	maximum punishment
*	he was guilty of the charges against him or of a lesser included offense
*	he has no desire to perform further military service
*	he understood that if his request for discharge was accepted he could be 
discharged under other than honorable conditions
*	he would be deprived of many or all Army benefits
*	he may be ineligible for many or all benefits administrated by the Veterans 
Administration
*	he may be deprived of his rights and benefits of a veteran under both Federal 
and State laws
*	he may expect to encounter substantial prejudice in civilian life because of an 
under other than honorable discharge

	d.  On 27 May 1986, consistent with part of the chain of command 
recommendations, the separation authority approved the discharge recommendation for 
immediate separation.  He would be discharged under the provisions of AR 635-200, 
chapter 10, furnished an Under Other Than Honorable Condition Discharge Certificate, 
and reduced to the lowest enlisted grade.  

	e.  On 16 June 1986, he was discharged from active duty under the provisions of AR 
635-200, chapter 10, and issued a under other than honorable conditions discharge.  
His DD Form 214 (Certificate of release or Discharge from Active Duty) reflects that the 
completed 4 years, 1 month, and 26 days of active service with 991 days of lost time 
from 26 July 1983 to 13 April 1986.  It also shows that he was award or authorized the:

*	Army Service Ribbon
*	Overseas Service Ribbon

4.  By regulation, a member who has committed an offense or offenses, the punishment 
for which includes a bad conduct or dishonorable discharge, may submit a request for 
discharge for the good of the service.  

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 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 lengthy of the AWOL 
offense and a lack of character evidence or mitigating evidence for the offense 
submitted by the applicant, the Board concluded that the characterization of service 
received at the time of discharge was appropriate.

However, the Board did note that the applicant did have a period of honorable service 
not currently reflected on his DD Form 214 and recommended that be corrected to more 
accurately depict his military service.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

: X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding the 
following additional statement to block 18 (Remarks) of his DD Form 214:  “Continuous 
honorable active service from 3 August 1979 until 29 March 1982.”
2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to upgrading the characterization of his discharge.
	  
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), in effect at 
the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable Discharge) states 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.  Paragraph 3-7b (General Discharge) states 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 by not sufficiently meritorious to warrant an 
honorable discharge.

	c.  Chapter 10 (Discharge for the Good of the Service) a member who has 
committed an offense or offenses, the punishment for which includes a bad conduct or 
dishonorable discharge, may submit a request for discharge for the good of the service.  
An under other than honorable discharge certificate normally is appropriate for a 
member who is discharged for the good of the service.

3.  AR 635-8 (Separations Processing and Documents), currently in effect, provides for 
the preparation and distribution of the DD Form 214.  It states for item 18 (Remarks) to 
Soldiers who have previously reenlisted without being issued a DD Form 214 and are 
separated with any characterization of service except “Honorable”, enter “Continuous 
Honorable Active Service from” (first day of service for which DD Form 214 was not 
issued) until (date before commencement of current enlistment).

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 the 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, 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 upgrade service characterization.  

ABCMR Record of Proceedings (cont)	 AR20170013925

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