ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20170014783 APPLICANT REQUESTS: an 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) 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 young and dumb and did not realize what he was doing. He received service related disability and is trying to go to school, but he needs the Montgomery GI bill to go to school, therefore he needs his discharge upgraded to honorable. 3. A review of the applicant’s service record shows: a. He enlisted in Regular Army on 6 December 1985. b. He received non-judicial punishment on/for: * 3 November 1986 for wrongfully appropriating a Fuel Sediment Bowl which valued $3.82. His punishment included reduction to E-1 (suspended until 2 January 1987). * 10 December 1986 and also on 16 October 1986 for disobeying a lawful order from the First Sergeant. His punishment included reduction to E-1. * 5 January 1987 for failing to report at the prescribed time to his place of duty c. On 5 January 1987, the applicant’s immediate commander notified him of his intent to separate him under the provisions of Chapter 14, Army Regulation (AR) 635- 200 (Personnel Separations – Enlisted Separations) for the commission of a serious offense ((dishonorably failing to pay just debts, public drunkenness, letters of indebtness from two civilian business and a personal visit from a third and two company grade Article 15s. d. On 7 January 1987, he acknowledged receipt of the notification of the separation action. He also consulted with legal counsel, he further acknowledged: * the rights available to him and the effect of waiving said rights * he may encounter substantial prejudice in civilian life if a general discharge under honorable conditions or an under other than honorable conditions discharge is issued to him * he may be ineligible for many or all benefits as a veteran under both Federal and state laws. * he may apply to the Army Discharge Review Board or the Army Board for correction of Military Records for upgrading e. On 27 January 1987, consistent with the chain of command recommendations the separation authority approved the discharge recommendation for immediate separation under the provisions of Chapter 14, AR 635-200, paragraph 14-1 for the commission of a serious offense. He would be issued a General Discharge Certificate. f. He was discharged on 2 February 1987 with a general, under honorable condition characterization of service. His DD Form 214 shows he completed 1 year, 1 month and 27 days of active service. It further shows he was awarded or authorized the: * Army Service Ribbon * Expert Bade M16 with Riffle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar 4. By regulation, members are subject to separation for commission of a serious offense. Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and punitive discharge would be authorized. 5. In reaching its determination, the Board can consider the applicants 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 relief is not warranted. 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 honorable service completed prior to a pattern of misconduct, as well as the applicant already receiving a general discharge, the Board concluded that there was no error or injustice which would warrant making a change to the applicant’s characterization of service. 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, sets 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 soldier’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 soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 14 -12c (Commission of a Serious Offense) states commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and punitive discharge would be authorized for the same or a closely related offense under the MCM. 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 state 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) AR20170014783 2 1