ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 July 2019

	DOCKET NUMBER:  AR20170014090


APPLICANT REQUESTS:  his general under honorable conditions discharged changed to honorable 

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 149 (Application for Correction of Military Record)
* Eight Character Letters
* Self-Authored Letter
* Foster Care Provider Letter
* State of Michigan Child Care License
* Educational Achievements (3)
* Kalamazoo Michigan Column
* Charity Navigator Link
* Resume 

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 enlisted in the military to serve his country, as had the men in his family before him.  Though there were challenges during his tour of duty, he served with tremendous pride and honor.  When he was stationed in Furth, Germany, he wrote a $60.00 check not knowing that his new pay as a married Soldier had not taken effect.  Due to insufficient funds, he ended up pay hundreds of dollars in fees.  After he had resolved the issue on his own, the first sergeant had become aware of the situation and he received an Article 15.  He had also been cited for not returning in a timely manner after an appointment.  Members of his chain of command suggested that he take an early out.  He states that the first sergeant made it clear, that it would not be easy if he stayed (please see attached statement). 
3.  The applicant provides:

a.  Eight character letters comprised of family, friends and co-workers who all attest 
of his strong values which he has embodied from being in the military.  He is known for being loyal, trustworthy, committed, and sincere.  He loves his family, continuously helps others and is truly committed to helping the youth.

b.  A letter from the Department of Human Services which lists him as a foster care 
provider (see attachment).

c.  His license for the care of foster children from the state of Michigan Department 
of Human Services.

d.  His educational various education degrees and certificates (see attachment).

   e.  A column written about him and his improbable journey to become a teacher (see attachment).

f.  A link for the Charity Navigator (see attachment).

   g.  His resume which captures his employment, volunteer work and educational achievements.

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

	a.  He enlisted in the Regular Army on 10 July 1987.

	b.  He accepted nonjudicial punishment (NJP) on/for:

* 4 January 1988, for being Absent Without Leave (AWOL) from 8 December 1987 to 31 December 1987, his punishment included 15 days extra duty and 15 days restriction
* 11 May 1988, for malingering from 24 March 1988 to 1 April 1988, and for falsifying official documents, his punishment included 14 days extra duty and 14 days restriction
* 28 June 1988, for writing 30 worthless checks, totaling a value of $392.00, his punishment included 14 days extra duty and 14 days restriction

	c.  On 14 July 1988, the applicant's commander advised him in writing of his intent to separate the applicant under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14 (Separation for Misconduct), paragraph 14-12b (A Pattern of Misconduct).  The commander's reasons were the applicant's previous misconduct for falsifying sick call slips to avoid his military duty obligations and writing 30 dishonored checks to AAFES which formed a definite pattern of misconduct.

	d.  On 14 July 1988, after consulting with counsel, the applicant acknowledged counsel had advised him of the basis for this action, his available rights, and the effect of waiving those rights.

	e.  On 27 July 1988, consistent with the chain of command recommendations, the separation authority approved the discharge and issued a General Discharge Under Honorable Conditions; on 16 August 1988, he was discharged accordingly.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year and 14 days of active duty during this period.  He was awarded or authorized:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksmanship Qualification Badge with Hand Grenade Bar

5.  By regulation, 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.

6.  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, letters of support and post-service achievement 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 was discharged for a pattern of misconduct including criminal offenses, and was provided an under honorable conditions (General) characterization of service.  He failed to accept responsibility and show remorse for the true events leading to his separation.  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 separation of enlisted personnel.

	a.  Chapter 3-7a (Honorable Discharge) 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 clearly inappropriate.

	b.  Chapter 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 states action will be taken to separate a member for misconduct when it is clearly established that despite attempts to rehabilitate him or develop him or her as a satisfactory Soldier, further effort is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under AR 635-200, Chapter 14-12b.

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 grounds normally should not 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//

ABCMR Record of Proceedings (cont)	 AR20170014090


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