ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  9 September 2019
DOCKET NUMBER: AR20170016996


APPLICANT REQUESTS: an upgrade of her under other than honorable condition discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   * DD Form 149 (Application for Correction of Military Record)
* Diploma, Southern University (Master of Arts in Mass Communications)
* Transcripts, Southern University
   * Enrollment Verification, Southern New Hampshire University 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 her other than honorable discharge is hindering her ability to obtain federal employment. She want to continue her federal service. She is older, her life has changed and she is closer to God. She has learned a lifelong lesson from her bad choice. She want to leave a positive legacy for her children. Please consider that she is a totally different person than she was at the time of incident. She completed a Master’s Degree in Mass Communication and is actively pursuing another Master’s Degree in English with a concentration of Creative Writing.

3. The applicant service records shows:

   a. She enlisted in the Regular Army on 28 September 1987 under option 9-18 (U.S. Army First Assignment Enlistment – No Training), in accordance with (IAW) Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program).

   b. She was assigned to Fort Carson, CO as a 94B (Food Service Specialist) on 12 October 1987.
   a. 

c. She served in Germany from 19 January 1990 to 18 January 1992

   d. She was honorably released from active duty and transferred to U.S. Army Reserves on 2 November 1990. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 3 years, 1 month, and 3 days of active duty service.  It also shows she was awarded or authorized:

* Army Service Ribbon
* Army Lapel Button
* Army Achievement Medal

   e. She received DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) correcting Item Numbers 12d (Record of Service – Total Prior Active Service), 12e (Record of Service – Total Prior Inactive Service), 12f (Record of Service – Foreign Service) and 18 (Remarks). As a result of correction to Item Number 12f, the applicant is authorized the Overseas Service Ribbon for her foreign service tour in Germany.

   f. She reenlisted in the Individual Ready Reserves on 16 November 1994, IAW AR 140-111 (U.S. Army Reserve Reenlistment Program), Chapter 7.

   g. On 18 November 1994, Orders C-11-447977 released the applicant from the U.S. Army Reserve (USAR) Control Group and reassigned her to 321st Logistics Center, Baton Rouge, LA.

   h. She reenlisted for a Troop Program Unit on 6 September 1997, IAW AR 140-111, Chapter 6.

   i. On 19 March 1998, a report to suspend favorable personnel actions (FLAG) was initiated, effective 18 March 1998.

   j. Headquarters, 377th Theater Support Command (Provisional) Orders 187-8, dated 6 July 1999 discharged the applicant from the USAR. She was discharged under the provisions of AR 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) with a character of service as other than honorable.	The effective date of discharge was 1 July 1999 (Verbal Order of the Commanding General).

   k. The applicant’s service records are missing critical documents in relation to the reason(s) of her discharge from the military. Her DD Form 214 capturing her service from 3 November 1994 onward is not available for the Board’s review. The applicant made an effort to procure her DD Forms 214 but, the National Personnel Records Center was not able to fully fulfil her request.

   l. There is no evidence the applicant has applied to the Army Discharge Review Board for review of her discharge within that board’s 15-year statute of limitations.
   a. 

4. AR 135-178, sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administration of Army National Guard of the United States and the USAR enlisted Soldiers for a variety of reasons.

5. AR 600-8-22 (Military Awards) in effect at the time, prescribes the policies and procedures for military awards and decorations. It states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

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 partial relief is warranted. The applicant’s contentions and post-service achievements 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. The applicant accepts responsibility for her actions and was remorseful with her application, demonstrating she understands her actions were not that of all Soldiers. The Board agreed an Under Honorable Conditions (General) character of service is warranted, as she did not meet the standards of acceptable conduct and performance of duty for Army personnel making her suitable for an Honorable characterization. In addition, the Board agreed she is mission a decoration for completing the Primary Leadership Development Course.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
X
X
X
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing her a DD Form 214 showing her character of service as under honorable conditions (General), and adding the Noncommissioned Officer Professional Development Ribbon.

2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization to Honorable.


10/22/2019

 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) 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel), establishes policies, standards, and procedures governing the administrative separations of certain enlisted Soldiers of the Army National Guard of the United States and the USAR.

   a. Paragraph 1-18b(1) states that an honorable characterization of service is appropriate when the quality of the Soldiers 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 be inappropriate.

   b. Paragraph 1-18b(2) states if a Soldier's service has been honest and faithful, it is appropriate characterize that service under honorable conditions. Characterization of service as a general (under honorable conditions) is warrant when significant negative
   a. 

aspect of the Soldiers conduct or performance of duty outweighs positive aspects of the Soldier's military record.

   c. Paragraph 1-18b(3) states characterization of under other than honorable conditions may be specified when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from acceptable military conduct. Also when the reason for separation is based on one or more acts or omissions that are not acceptable military conduct.

3. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty, to include attendance at basic and advanced training, and was prepared for all personnel at the time of their retirement, discharge, or release from active duty.

4. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for successful completion of overseas tours. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

5. 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 form 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 the 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.

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