ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2019 DOCKET NUMBER: AR20170014163 APPLICANT REQUESTS: an upgrade to his under conditions other than honorable discharge (UCOTH) to a general, under honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge or Dismissal from the Armed Forces of the United States) * self-authored statement * seven character statements * seven certificate of completion * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 the character of discharge he received was an oversite at the time, he was unaware that he had untreated alcoholism, which is better explained in his letter to the Board, since it has been addressed and corrected with 42 years of sobriety. 3. The applicant provides: a. A self-authored statement, which states in part, while at Fort Jackson, SC., he could not adapt emotionally. He and other Soldiers wallets had been stolen from their lockers. As a result, he had no money, could not go on leave, and had to stay in the barracks. He was the prime suspect and he was introduced to a blanket party. He was devastated, mistrusted by the other guys, as well as by his drill sergeant. He was wrongfully accused and punished for something he did not do. Later, it was revealed who stole the wallets, but he never got an apology. He was not afforded the opportunity to go on leave prior to his advance individual training. In fear of departing to Vietnam before seeing his family, he went absent without leave (AWOL). He failed miserably and hit rock bottom with alcoholism. But through God and Alcoholic Anonymous meetings, he has not had a drink since November 1975. The road of sobriety has been severely tested over 40 plus years. To maintain his sobriety, he gives back or pass along to others, the gift of a new beginning. He moved to the Philippines in 2008 and he is in the ministry to help homeless children. He considers himself blessed to help encourage, uplift, and inspire others to reach beyond their handicaps. b. Seven character statements, which states in summary they have known the applicant for over 10 years since he moved to the Philippines as a friend, church member and or coworker. He is active in his church, compassionate, has a gift to encourage, assist, and most importantly pray for others. He is a man with integrity, a reliable asset to the community and one who loves the Lord. c. A department of labor training and employment guidance letter, several certificates of training and attendance he completed for various reasons. d. His DD Form 214, which shows his service from 7 May 1968 to 21 May 1970. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 7 May 1968. b. His DA Form 20B (Insert Sheet to DA Form 20 – Record of Court Martial Conviction) and Special Court Martial Order Number 383 shows that he was charged with one specification of being AWOL from 7 October 1968 to 17 November 1968. His sentence was reduction to E-1, confinement to hard labor for 6 months, and forfeiture of $73 per month for 6 months. Adjudged 27 November 1968, approved 29 November 1968. c. He accepted nonjudicial punishment: * 29 July 1968, AWOL from 22 to 26 July 1968 * 14 February 1969, AWOL from 7 to 13 February 1969 d. The applicant consulted with legal counsel on 28 April 1970 and subsequently requested a discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service. He acknowledged: * if his discharge was approved, he may be discharged under conditions other than honorable and the effects of the discharge * he would be deprived of many or all Army benefits and that he may be ineligible for many or all benefits administered by the Veterans Administration and benefits as a veteran under both Federal and State laws e. Court martial charges were preferred against the applicant on 6 May 1970, for one specifications of being AWOL from 10 March 1969 to 28 April 1970. f. On 11 May 1970, consistent with the chain of command recommendations, the general court martial convening authority approved the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service and directed he be issued an undesirable discharge certificate. g. On 21 May 1970, he was discharged from active duty in-lieu of trial by court martial – for the good of the service with a UCOTH discharge. His DD Form 214 shows he completed 6 months and 5 days of net active service with 559 days of lost time. 5. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within the Board’s 15-year statute of limitations. 6. Army Regulation 635-200 provides that a member who has committed an offense or offenses, the punishment for any of which includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service. 7. The Board should 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 and published DoD guidance for consideration of discharge upgrade requests, the Board found the relief was not warranted. The applicant’s contentions and the letters of support were carefully considered. In addition, the Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct, the reason for his separation and whether to apply clemency. The Board notes that although the applicant provided multiple letters of support, it does not mitigate his misconduct for being AWOL for over 550 days and serving only 6 months and 5 days of military service. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust, and did not warrant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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 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) 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 Soldier’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 issued to a Soldier whose military record is satisfactorily but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 10 of the regulation provides that a Soldier 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. The discharge request maybe submitted after the court-martial charges are preferred against the Soldier or where required, after referral, until final action by the court-martial convening authority. A discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged for the good of the service. However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record during the current enlistment. 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) AR20170014163 5 1