ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  17 June 2019

	DOCKET NUMBER:  AR20170014161


APPLICANT REQUESTS:  an upgrade of his other than 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:

	a.  During his last few years in the Army, he suffered from alcoholism and eventually, 
it began to affect his judgement and duty performance.  He went to his commanding 
officer for assistance and was told that “his soldiers didn’t have problems” and he was 
thrown out of the office.  Following that meeting, he explains that he went out, got drunk 
and never returned for duty.

	b.  He contends that he has been sober for 45 years and regrets his actions.  During 
his time in the Army, he received numerous awards and medals and he believes he was 
a good soldier.

3.  A review of the applicant’s records show:

	a.  He enlisted in the Regular Army on 27 December 1961.

	b.  He accepted nonjudicial punishment, Article 15, for a making false statement 
about items being stolen from his room.  He was reduced to the grade of E5 
(suspended), forfeiture of $200.00 pay for two months, and 14 days restriction. 
	c.  Court-martial charges were preferred on 8 September 1975.  His DD Form 458 
(Charge Sheet) indicates he was charged with one specification of being absent without 
leave from 3 April 1973 to 25 August 1975.

	d.  He consulted with legal counsel and on 28 August 1975, he submitted a 
statement on his behalf and subsequently, requested discharge under provisions of 
Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 
10 (Discharge for the Good of the Service).  He acknowledged:

*	he was guilty of the charges against him or of a lesser included offense which 
also authorizes the imposition of a bad conduct or dishonorable discharge
*	he did not desire further rehabilitation or desire to perform further military 
service
*	if his request was accepted, he could be discharged under other than 
honorable conditions and furnished an Undesirable Discharge Certificate
*	he may ineligible for many or all benefits administered by the Veterans 
Administration and he may be deprived of rights and benefits as a Veteran 
under both Federal and State laws
*	he can expect to encounter substantial prejudice in civilian life because of the 
Other Than Honorable Discharge

	e.  Consistent with the chain of command’s recommendation, on 
25 September 1975, the separation authority approved the applicant’s request for 
separation under the provisions of chapter 10, AR 635-200, Chapter 10 (Discharge For 
the Good of the Service), in effect at the time.  He was reduced to the grade of E1 and 
furnished an Undesirable Discharge Certificate.

	f.  His DD Form 214 shows he was discharged on 15 October 1975 with an under 
other than honorable conditions characterization of service.  He completed 9 years, 
2 months and 26 days of active service and had 909 days of lost time.  It also shows he 
was awarded or authorized:

*	Vietnam Service Medal with six bronze service stars
*	Vietnam Campaign Medal
*	Vietnam Cross of Gallantry with Palm
*	Army Commendation Medal
*	National Defense Service Medal
*	Overseas Ribbon  with six bars
*	Army Good Conduct Medal with two awards

4.  By regulation, a member who has committed an offense or offenses, which includes 
a bad conduct or dishonorable discharge, may submit a request for discharge for the 
good of the Service.  A discharge under other than honorable conditions normally is 
appropriate for a soldier discharged 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 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.  He did not provide character witness statements or evidence of 
post-service achievements for the Board to consider.  One member voted to grant 
based upon his service during a time of war.  Based upon the record, the majority of 
Board agreed that the applicant's discharge characterization was warranted as a result 
of the misconduct that included 2 years of AWOL.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	: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.


ADMINISTRATIVE NOTE(S):
Not Applicable

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 that an honorable discharge is a 
separation with honor.  Issuance of an honorable discharge 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 that 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 10 of this regulation provides procedures for separating soldiers who 
have committed an offense or offenses, UCMJ 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 is normally appropriate for a member who is 
discharged for the good of the service.

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)	 AR20170014161

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