ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20170014015


APPLICANT REQUESTS:  an upgrade of his general, under honorable conditions 
discharge 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 he is requesting an upgrade of his general, under honorable 
conditions discharge to honorable.  He was seeking approval for benefits and was 
informed his discharge had to be upgraded.

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

a.	He enlisted in the Regular Army on 5 September 1990.

b.  He served in Saudi Arabia from 11 February 1991 to 18 August 1992.

   c.  On 16 January 1992, he received a letter of reprimand from his commander for 
writing a check with insufficient funds to present payment.

   d.  A bar to reenlistment was approved on 6 February 1992 for substandard 
appearance and enrollment in the overweight program.

   e.  He received nonjudicial punishment (NJP) under Article 15 on/for:

*	16 March 1992, indebtedness and failure to pay said debt
*	22 June 1992, writing 14 checks with insufficient funds to present payment; 
his punishment included reduction to private/E-2
   f.  On 10 July 1992, the applicant’s immediate commander notified the applicant of 
his intent to separate him under the provisions of Chapter 14, Army Regulation (AR) 
635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b for patterns 
of misconduct.  He also acknowledged receipt of the notification of separation action on 
the same day.

	g.  On 17 July 1992, after consulting with legal counsel, he acknowledged: 

*	the rights available to him and the effect of waiving said rights
*	he may encounter substantial prejudice in civilian life if a general discharge 
under other than honorable conditions is issued to him
*	he may be ineligible for many or all benefits as a Veteran under both Federal 
and State laws
*	he may apply to the Army Discharge Review Board or the ABCMR for 
upgrading
*	he is ineligible to apply for enlistment in the Army for 2 years after discharge

	h.  On 5 August 1992, consistent with the chain of command recommendations, the 
separation authority approved the discharge recommendation for immediate separation 
under the provisions of Chapter 14, AR 635-200, paragraph 14-12b for patterns of 
misconduct.  He would be issued a general, under honorable conditions discharge. 

i.	On 25 August 1992, he was discharged from active duty with a general, under 
honorable conditions characterization of service.  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows he completed 1 year, 11 months, and 
21 days of active service.  It also shows he was awarded or authorized:

*	National Defense Service Medal
*	Army Service Ribbon
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  By regulation, action will be taken to separate a Soldier for misconduct, such as 
patterns of misconduct, when it is clearly established that despite attempts to 
rehabilitate or develop him or her as a satisfactory Soldier, further effort is unlikely to 
succeed.  

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 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.  He was discharged for a pattern of misconduct, and was provided an under 
honorable conditions (General) characterization of service.  The Board agreed that the 
applicant's discharge characterization is warranted as he did not meet the standards of 
acceptable conduct and performance of duty for Army personnel.

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), 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 but not sufficiently meritorious to warrant an 
honorable discharge.

   c.  Chapter 14 of the regulation states action will be taken to separate a Soldier for 
misconduct when it is clearly established that despite attempts to rehabilitate or develop 
him or her as a satisfactory Soldier, further effort is unlikely to succeed.  

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.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014015

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