ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 June 2019

	DOCKET NUMBER:  AR20170015701


APPLICANT REQUESTS:  reconsideration of his earlier request for an upgrade of his 
under other than honorable conditions discharge to honorable.

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) for the 
period ending 7 July 1984 and 30 April 1986
*	Orders 193-14 (Discharge Orders from the Army National Guard (ARNG))

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AC90-09031 on 6 March 1991.

2.  The applicant states he received an under other than honorable conditions discharge 
from active duty and requests an honorable discharge because he holds two other 
honorable discharges from the ARNG.  He received a waiver and reenlisted in the 
ARNG and has served honorably since.  He realizes that his actions were inappropriate 
and states it will not happen again.  He adds that it is in his best interest to receive 
Department of Veterans Affairs (VA) benefits and show that he served honorably.

3.  The applicant provides Orders 193-14, dated 7 October 1985, which show he was 
honorably discharged from the ARNG, effective 16 September 1985.

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

	a.  He enlisted in the Regular Army on 30 September 1985.

	b.  He served in Germany from 24 October 1985 to 29 April 1986.

	c.  Court-martial charges were preferred on the applicant on 15 March 1986 for five 
specifications of being absent without leave from 19 December 1985 to 20 December 
1985, 26 January 1986 to 31 January 1986, 6 February 1986 to 12 February 1986,  
4 February 1986 to 5 February 1986, and from 17 February 1986 to 15 March 1986.

	d.  He consulted with legal counsel and subsequently requested discharge for the 
good of the service under the provisions of chapter 10, Army Regulation  (AR) 635-200 
(Personnel Separations – Enlisted Personnel).  He acknowledged:

*	maximum punishment
*	if his request for discharge was accepted, he may be discharged under other 
than honorable conditions and furnished an Under Other Than Honorable 
Discharge Certificate
*	he had been advised and understood the possible effects of an under other 
than honorable discharge
*	he would be deprived of many or all Army benefits
*	he may be ineligible for many or all benefits administered by the VA
*	he may be deprived of his rights and benefits as a veteran under both Federal 
and State law
*	he may expect to encounter substantial prejudice in civilian life because of an 
under other than honorable discharge
*	he elected not to submit statements in his own behalf

	e.  Consistent with the chain of command recommendations, on 7 April 1986, the 
separation authority approved the applicant’s request for discharge under the provisions 
of chapter 10, AR 635-200.  The applicant would be discharged from the service and 
issued an Under Other Than Honorable Discharge Certificate.

	f.  He was discharged from active duty on 30 April 1986 with an under other than 
honorable conditions characterization of service.  His DD Form 214 shows he 
completed 5 months and 20 days of active service with lost time from 17 February 1986 
to 14 March 1986, 4 February 1986 to 4 February 1986, and from 26 January 1986 to  
30 January 1986.  It also shows he was awarded or authorized:

*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Hand Grenade Bar
*	Army Service Ribbon

5.  By regulation, a member 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.  An Under Other Than Honorable Discharge 
Certificate normally is appropriate for a member who is discharged for the good of the 
service.

6.  In reaching it 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 multiple 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 to amend the decision of the ABCMR set forth in Docket Number AC90-
09031 on 6 March 1991.
	  
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.  Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set 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 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.

	b.  Paragraph 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 10 of that regulation states a member 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.  An Under Other Than 
Honorable Discharge Certificate normally is appropriate for a member who is 
discharged for the good of the service.

2.  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 the 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, 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 upgrade service characterization.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015701

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