ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20170015618 APPLICANT REQUESTS: upgrade of his general, under honorable conditions discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored Statement * DA Form 4856 (General Counseling Form) * DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) * DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ) * DD Form 214 (Certificate of Release or Discharge From Active Duty) * Five character statements 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 was absent without leave (AWOL) for a period of 24 hours. He is requesting his discharge be upgraded to honorable conditions. a. He entered the Army, swearing into service proudly in July of 1995. He was a part of the delayed entry program (DEP), so he did not leave for basic training until November of that year. He completed basic training at Fort Jackson, SC by February of 1996 and was immediately transferred to Fort Lee for completion of Quartermaster advanced individual training in the same month. Upon completion of training, he was assigned his first duty station to Republic of South Korea and transferred within the month of April to serve a year long tour. The tour was very tough for him at first but exciting for him and he served with honor with his unit awarding him with an Army Achievement Medal and an Army Commendation Medal by the completion of his tour. He was then assigned to Fort Knox, KY for his next duty station and that is when his military career took a turn for the worse. b. After being stationed overseas and becoming accustomed to the rigorous and restrictive lifestyle of duty that overseas offered, upon returning to the U.S., he believed that he was not prepared properly to handle the level of freedom that a CONUS (Cintinental United Sttaes) assignment provided. He quickly, due to his age and lack of maturity at the time, became lazy in his discipline. He quickly messed up his finances, had easier access to returning to his home state life and the bad influences that he left behind when joining the military, and began to not take his commitment seriously due to the forgiving nature of his noncommissioned officer (NCO) and unit NCOs he had while serving at Fort Knox. He began to get in trouble with them, first with his mouth and attitude and then by becoming a sloppy Soldier, missing formations, physical training formations and assigned duties to late nights partying. He unfortunately became an unreliable Soldier. His NCO’s main goal was to groom him and other junior NCOs in the unit to become NCOs in the future and his selfish ambitions quickly interfered with that mission. The NCOs quickly assigned him corrective training, to get him back on the right path and for a short while it did work for him. During one weekend where he requested leave to return home, he chose to help a dear friend who was in a dangerous situation where his friend was going to be killed if he did not get his help. He contacted his NCO and explained that he could not return to post in the allotted timeframe they assignment him for the pass his NCO had given him. He did not explain his situation fully to his NCO and this is where he felt he made a critical mistake in action. He chose to remain with his friend and see his friend through his situation and this action caused him to become AWOL (absent without leave) from duty by one day. He stayed in constant contact with his NCO, but immaturely gave her excuses, rather than just explain the truth to her. c. When he returned to duty, he did not (at that time) understand the severity of the situation, the level of embarrassment that he had caused his NCO with her superiors. She then took it upon herself to render the swift justice that he deserved at that point and began to chapter 14 him out of the military. He petitioned to anyone who would hear him out at that point in time, but all fell on deaf ears. He even wrote a letter to the commander of the unit, begging to remain in the service. The colonel felt it was best to chapter 14 him out and also transfer him out of the unit, to a chaplains unit, to help them until his chapter 14 could be completed and then sent home. The unit had to work really fast due to that his two year anniversary, making him a Veteran, would come due within 14 days and would allow him the benefits that he had worked for in his time of service. Needless to say, the unit accomplished their task and he ended up short 13 days of service. He returned home with a sense of defeat, but resumed his life and tried to pick of the pieces of the damage that he did to himself. He was a 20 year old kid, and knew nothing of the ramifications that his actions would do to his future at all. He simply told himself that he did not need anything that the military was to provide him due to his service and tried his best to make it on his own. Looking back, he now knows he made a huge mistake in not taking the situation seriously. He felt that the Army had lost a. a possible great leader that day; that he lost a wonderful opportunity and life that he could have had in service to his country and could have been retired from service by now. He would just simply like to rectify a mistake that he made so long ago, to show that the silly kid had become a responsible, law abiding adult, husband and father and is making a contribution to society every day. He also feels that he personally helped repay his mistake in judgement by working for and serving the Department of Veterans Affairs, helping to give back if he can. He hopes this is enough to consider a change in the decision that was made upon him so long ago. 3. The applicant provides: a. DA Form 4856, dated 15 July 1997, for failing to report for duty after his four day pass ended. He returned to duty at 0900 on 17 July 1997. b. DA Form 2627, dated 23 July 1997, indicates he accepted nonjudicial punishment for absenting himself from his appointed place of duty. His punishment included reduction to private/E-2, suspended to be automatically remitted if not vacated before 23 November 1997. c. DA Form 2627-2, dated 6 October 1997, vacating his suspended punishment of, reduction to the grade of private/E-2 for absenting himself from his appointed place of duty. d. Character statement from JD, dated 29 June 2017, which states, she is writing this letter because the applicant asked to provide a character reference on his behalf. She met him during his employment with the Department of Health & Human Resources, she was the applicant’s supervisor. She has known him since May 2014 and feels that she is qualified to speak on the applicant’s behalf in terms of character. Throughout the time that she has known the applicant. She has formed a very positive opinion of the applicant. He has always been dependable and fair and treated others with respect. He can act as a team player or a team leader depending on what is asked of him. He is honest and helpful and seeks out ways to improve current operations. He is decent and trustworthy and to her knowledge, he has never experienced any issues with law enforcement. He values loyalty and honor as demonstrated by his service in the U.S. military. Not only does she like the applicant, she respects him greatly. She feels honored to be asked to provide this character reference and hopes that the information she has provided helps in understanding what an outstanding individual the applicant really is. e. Character statement from X____, dated 1 July 2017, which states, he is writing on behalf of his brother, regarding his service in the Army. His brother is seeking to upgrade his discharge from general to honorable and feels that he should be considered for the change. He has known him all his life and cared for him when he was very young. He chose to enlist in 1995 and ended his career in the military in 1997, 13 days shy of Veteran status. He has not had the benefits of a Veteran that he should a. have due to his loyal service within the military. He is a fine gentleman, considerate person and always is willing to help others when in need. He was married in 2011, had his first child in 2013 and dedicated his time to becoming a great husband and father. He is very knowledgeable, dependable and has been there for him when he had problems in his life, without hesitation. He has never had anything more than a traffic ticket for speeding, something that most people have gotten before in their lives and has done what he could to change his life around since his time in the service. Since leaving the military, the experience he gained while within has led him to acquire two bachelor's degrees in Political Science and Computer Networking Administration and is presently working on an Associates in Cyber Security. His experience has lead him to many jobs with Fortune 500 companies, most recently with the State of West Virginia, working as a Child Support Specialist II, with an appointment as a State sanctioned Public Notary. He is presently working as a Network Engineer contactor. Please give this young man consideration to change his discharge. He is not the same young, 20- year-old who made a mistake early in his life and accepted his consequences of his actions by accepting the general discharge. His dedication to becoming a well-adjusted adult in society is commensurate to what the military would require of its Veterans returning to society. f. Character statement from X____, dated 1 July 2017, which states, he is writing to provide a character reference for his brother-in-law. He first met the applicant when he began dating his sister in 2005 . This is also when he learned of his military service in the Army. He knew that the applicant had left the military early, but was not sure of the details. He learned that he exited the Army on a general discharge and in the future, would want to upgrade this to gain more benefits associated with his Veteran status. He hopes to give a few details to help see that he is worthy of the time and consideration of his request of change. He has been a member of their family since 2005, marrying his sister in 2011. Their union has resulted in the birth of his nephew in 2013. He is certain that the applicant would do anything for him and would easily return the favor for the applicant. The applicant has been there for his wife and him, his son who has recently enlisted in the Coast Guard, and soon to be a wonderful new uncle for his newborn son, born in 2016. From what he has seen of the applicant, he has taken very good care of his sister, their son and all while maintaining a full-time job and going to school to study for a third Bachelors Degree in Cybersecurity. The applicant is a very knowledgeable person, and he enjoys their talks together, whenever they are around each other. He has come to respect the applicant and is glad to see that he has become a welcomed addition to the family over the past years. g. Character statement from X____, dated 1 July 2017, which states, he is writing to provide a character reference for his son-in-law. The applicant came into their lives in 2005, when he began to date his daughter. They continued to date for a few more years and were finally married in 2011. Their union has resulted in the birth of his grandson in 2013. For the time that he has known the applicant, the applicant has been a very honorable man and became obsessed in building a wonderful life for himself and his daughter. The applicant has been a very respectful, intelligent and resourceful 4 person to know and never hesitated to help him and his wife at a moment's notice. From what he has seen, the applicant has had steady employment, never been in trouble with the law and has never caused problems for his daughter to deal with. He knows that recently the applicant was working for the State of West Virginia for the past three years while returning to school to study computers. He believes the applicant has just gained employment with the Veterans Administration hospital working with computers. He thinks that the applicant is seeking some change to his military discharge and he really hopes for consideration of the applicant’s request. He knows that the applicant had served his county, like he did, and he should not have to pay for making a small mistake at the end of his career. h. Character statement from X____, which states, he proudly submits this letter of recommendation for the applicant. It has been his honor and privilege to work with him for the past two years as one of his students. For the past two years, he has been a student of his as he works toward his Computer Network Engineering Technologies (CNET) Associates Degree and Cyber Security Associates Degree. During these classes the applicant has distinguished himself through his capability of understanding the most involved of networking concepts. He has displayed professionalism, as well as presentation skills and superior proposal capabilities. One of his many talents is his ability to explain technology concepts in a method that allows a typical layman to understand what he is talking about. This is needed in the industry. His soft-skills are also an exemplary example of what the industry is currently looking for. He has demonstrated his leadership abilities while also exemplifying the heart of service. He voluntarily took it upon himself to work with his fellow classmates and helped them to understand materials and concepts that they were struggling with. He also took on a leadership role during the execution of multiple class projects keeping his team on-time and focused on delivering their results in a professional and accurate manner. He is actively pursuing his Cisco Certified Network Associate (CCNA) and his Security + certifications. The applicant should be proud of these accomplishments; unlike many others. Though, he is unwilling to accept this achievement as completion of his goals. He has higher aspirations and has developed plans and is working towards them by working on additional Cisco specialization certifications. This exemplifies his desire to always move forward and improve himself. It indicates the way that he will attack life and is a trait that many would do well to model. He proudly offers his recommendation for the applicant. 4. A review of the applicant’s service records shows the following: a. On 8 November 1995, he enlisted into the Regular Army. b. On 6 October 1997, his immediate commander initiated action to separate him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), Chapter 14-12b (Patterns of Misconduct) for repeated patterns of failing to be at his appointed place of duty, and failing to obey orders and regulations, establishing a pattern of misconduct. a. c. On 8 October 1997, he was advised by his consulting counsel of the basis for the contemplated action to separate him for a pattern of misconduct under AR 635-200. Chapter 14-12b and its effects; of the rights available to him; and the effect of any action taken by him in waiving his rights. He understood that if he had less than six years total of active and reserve military service at the time of separation and am being considered for separation for reason of misconduct under AR 635-200, Chapter 14, he is not entitled to have his case heard by an administrative separation board unless he is being considered for a discharge under other than honorable conditions. d. His immediate commander forwarded the initiated separation action against him due to patterns of misconduct to the next higher command. His chain of command recommended a general discharge. e. On 9 October 1997, consistent with the chain of command recommendations, the separation authority approved the applicant’s discharge under the provisions of AR 635- 200, Chapter 14-12b. f. 27 October 1997, he was discharged from active duty with a general, under honorable conditions discharge under AR 635-200. Chapter 14-12b. His DD 214 shows he received a characterization of service of general, under honorable conditions. He completed 1 year, 11 months, and 18 days of active service. 5. By regulation, action will be taken to separate a member for misconduct when it is clearly established that despite attempts to rehabilitate him or develop him or her as a satisfactory Soldier, further effort is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under AR 635- 200, Chapter 14-12b. 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 reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the pattern of misconduct and the relatively short term of service, the Board concluded that the characterization of service received at the time of discharge was appropriate. 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. 5/16/2019 X CHAIRPERSON Signed by: 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, sets forth the basic authority for separation of enlisted personnel. a. Chapter 3-7a (Honorable Discharge) an honorable discharge is a separation with honor. 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 clearly inappropriate. b. Chapter 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 14 states action will be taken to separate a member for misconduct when it is clearly established that despite attempts to rehabilitate him or develop him or her as a satisfactory Soldier, further effort is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under AR 635- 200, Chapter 14-12b. 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 1. might have been received if the original discharge had been for the revised reason or had the upgraded service characterization.