ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 June 2019 DOCKET NUMBER: AR20170015400 APPLICANT REQUESTS: an upgrade to his under honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge 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 he reenlisted out of his primary mission specialty occupation (MOS) of 17K (Radar Operator) to 44B (Metal Body Repairs Parts Master). After graduation from 44B school, he was assigned to Fort Riley, KS and back to the 17K MOS. He explains the MOS carried a $17,000 reenlistment bonus and he only received $1,700 for the 4-year enlistment. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 15 June 1973 in the MOS, 17K (Radar Operator). b. He was discharged for immediate reenlistment on 27 March 1975 for 4 years. Based on his DA Form 3286-85 (Part V1 In Service Reenlistment Option), dated 27 March 1975, he reenlisted and attended Army Service School for the MOS 44C (Welder). c. An affidavit, dated 20 April 1976, states the applicant completed 44C (Welding School), but after arrival at Fort Riley, it was discovered that there were no positions available and he was reassigned to duties as a 17K (Radar Operator) (see attached). d. Court-martial charges were preferred on 23 September 1976. His DD Form 458 (Charge Sheet) indicates he was charged with one specification of being absent without leave (AWOL) from 21 June 1976 to 21 September 1976. e. He consulted with legal counsel and on 24 September 1976, submitted a statement on his own behalf (see attached) 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), in effect at the time. He acknowledged: * he was guilty of the charge against him or of a lesser included offense which also authorizes the imposition of a bad conduct or dishonorable discharge * 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 an undesirable discharge certificate f. Consistent with the chain of command’s recommendation, on 27 October 1976 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 PVT/E1 and furnished an Undesirable Discharge Certificate. g. The applicant was discharged on 9 November 1976. His DD Form 214 shows he was discharged with an under other than honorable conditions characterization of service. He completed 3 years, 5 months and 4 days total service for pay and 117 days of lost time. It also shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Qualification Badge 4. The applicant applied to the Army Discharge Review Board for an upgrade of his discharge, which was approved by the board on 22 March 1984. 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 length of the AWOL offense and the applicant already receiving a general discharge, 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) 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 or period of obligated service with due consideration for the member’s age, length of service, grade, and general aptitude. b. Chapter 10 of this regulation provides procedures for separating soldiers who have committed an offense or offenses, for which under includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the Service. An undesirable discharge certificate will normally be furnished an individual 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) AR20170015400 4 1