ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  20 June 2019

	DOCKET NUMBER:  AR20170014303


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)
*	DA Form 19-31 (Military Police Receipt For Property), dated 4 Jun 1974
*	Birth Certificate and Certified copy of the Certificate of Live Birth
*	DD Form 214 (Report of Separation From Active Duty)

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 his recruiter changed his birth certificate from 11 June 1957 to 
24 January 1955 to meet his recruiting quota.

3.  The applicant provides:

	a.  DA Form 19-31 (Military Police Receipt For Property) which states the applicant’s 
birth certificate was seized for evaluation as evidence in a criminal investigation.

	b.  Birth certificate from Brewer –Starling Clinic which states the applicant was born 
24 January 1955.

	c.  Certificate of Live Birth, dated , which states the 
applicant was born on 11 June 1957 and certified by the Vital Records Branch, Division 
of Health Services, North Carolina Department of Human Resources on 19 July 1974.

	d.  DD Form 214 (Report of Separation From Active Duty) which does not have a 
“Authority and Reason” in Block 9c.

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

	a.  He enlisted in the Regular Army on 19 January 1973.

	b.  On 7 November 1973, he accepted nonjudicial punishment, Article 15, for being 
absent without leave from 10 October 1973 to 6 November 1973.  The facts and 
circumstances pertaining to punishment under Article 15, UCMJ, are not available.

	c.  Based on the DD Form 3836 (Notice of Return of US Army Member From 
Unauthorized Absence), the applicant was absent without leave from 28 May 1974 to 
31 October 1974.  The facts and circumstances pertaining to the court-martial charges 
and Chapter 10 are not available.

	d.  His DD Form 214 shows he was discharged on 3 February 1975 with an under 
other than honorable conditions characterization of service.  He completed 2 years and 
7 months of active service and had 368 days of lost time.

5.  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.

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 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.  Based upon the short term of 
service completed prior to a pattern of misconduct which included multiple lengthy 
AWOL offenses, the Board agreed that the applicant's discharge characterization was 
warranted as a result of the misconduct.



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 (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)	 AR20170014303

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