ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20170014741


APPLICANT REQUESTS: an upgrade of his general discharge to fully honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Support letter
*	General Discharge Certificate

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 joined the Army at 17 to escape an unbearable and abusive 
home life and hoped that the military would provide him with direction and safety.  While 
on a tour of duty in Bamberg, Germany, the anger he felt for this abuse finally erupted 
which led him down a dangerous path.  He got into fights, gambled, drank and went to 
establishments not suited for a boy of that age.  This behavior finally resulted in him 
getting into some serious trouble.  He faced his charges and was acquitted.  He saw 
how wrong he had been and changed his life completely.  He served his country with 
loyalty and pride for the rest of his time in the Army and never got into one bit of trouble 
again.  However, when he was discharged, he did not receive an honorable discharge.  
He has lived out his life as a respected citizen and he credits the Army for showing him 
the way. 

3.  He provides a letter of support from his spouse who describes his childhood and 
upbringing, his military service, and the challenges he faced in the Army.  She goes on 
to describe some benefits and discounts denied as a result of his characterization of 
service.  He is 74 years of age now; a well-respected and honored member of the 
community. 
4.  Review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 29 January 1960.  He held an infantry 
specialty.  He served in Germany from August 1960 to around January 1963.  

	b.  On 16 January 1962, he was convicted by a special court-martial of one 
specification of willfully striking a German national on the body with his fist, one 
specification of being disorderly in public, and one specification of breaking restriction. 

	c.  The court sentenced him to performance of hard labor for 30 days, forfeiture of 
$55.00 pay for one month, and reduction to E-1.  The convening authority approved the 
sentence on 24 January 1962. 

	d.  He was discharged from active duty on 17 January 1963.  His DD Form 214 
shows he was discharged in accordance with paragraph 7 of Army Regulation 635-205 
(Discharge and Release Convenience of the Government) with an under honorable 
conditions (general), characterization of service.  His DD Form 214 further shows: 

*	he completed 2 years, 11 months, and 19 days of active service
*	he was awarded or authorized the Sharpshooter badge (M-1), 2nd Class 
Badge (81 mm mortar), Expert Badge (106mm Recoilless Rifle), and 
Marksman Badge (45. Caliber Pistol)

5.  AR 635-205 sets the conditions under which enlisted personnel of the Army could be 
discharged.  Paragraph 7 provides for the separation of Soldiers with less than 3 
months left on their current enlistment.  Enlisted members of the Regular Army with less 
than three months remaining before expiration of term of service will be discharged for 
the convenience of the Government.  

6.  An honorable characterization may be given only if the service clearly warrants that 
characterization by unusual circumstances of personal conduct and performance of 
military duty and the characterization must be approved by The Secretary of the Army.  
A general discharge is not authorized.

7.  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 reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions and the letter of support was 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 evidence of post-service achievements for the 
Board to consider.  One possible outcome was to grant relief based on the amount of 
time that has passed since the misconduct, and because he was very close to his ETS 
date.  However, he was discharged for misconduct which involved violent behavior 
towards others and was provided an Under Honorable Conditions (General) 
characterization of service.  The majority of 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

:	:	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.


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 635-205 in effect at the time sets the conditions under which 
enlisted personnel of the Army could be discharged.  Paragraph 7 provides for the 
separation of Soldiers with less than 3 months left on their current enlistment.  Enlisted 
members of the Regular Army with less than three months remaining before expiration 
of term of service will be discharged for the convenience of the Government. An 
honorable discharge is a separation with honor and entitles the recipient to benefits 
provided by law.  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.

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)	 AR20170014741

4

1