ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20170017211 APPLICANT REQUESTS: an upgrade of her general discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * DD Form 149 (Application for Correction of Military Record) * Character Reference Letter from EM * Character Reference Letter from LL 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 she would like to try for an upgrade of her general discharge. She has been a certified nursing assistant since 1991. She would appreciate the opportunity for an upgrade and continue to enhance herself in all areas of life. 3. The applicant provides: a. Character reference letter from EM states the applicant is a strong woman determined and committed to continuous improvement in her personal life. She is a mother, loving, dedicated and nurturing. As a single mother she raised 3 children while holding a part-time job in addition to her full-time job, all while making time and resources to enjoy fun activities with her children and educate one beyond high school. She has spent her whole life working and striving to be a better person and knows the value of hard work and serving others. She chose to serve her country during her early years and since that time she has exhibited the strengths and character taught in the military. Her life’s mission is serving God, family, community and her country in any way that makes lives better. b. Character reference letter from LL states she has known the applicant for over 25 years, in that time she has worked consistently as a certified nursing assistant. She is a value to her community, friends and family. She goes above and beyond to help her co-workers and in the caring of the patients that she continues to help. She is a great asset to her company. She is a reliable and trustworthy friend who is there to help. She helps in her community by making hygiene bags and giving them to the less fortunate. She is an amazing friend who helps by giving advice and she actually cares. She deserves a review of her discharge paperwork and given an upgrade. 4. A review of her records shows: a. On 27 March 1985, she enlisted in the Regular Army b. She received counseling statements for the following: * 15 July 1986, for 2 bad checks * 16 July 1986, for another bad check and being absent from physical training formation * 17 July 1986, failure to pay just debts, lying to an noncommissioned officer (NCO), and failure to follow through with a promise * 22 July 1986, for 2 more bad checks c. On 21 August 1986, she received a general counseling statement from her platoon sergeant for an over stamped ID card, debt to Army Community Service loan closet and letter of indebtedness to Stereo World. The counseling also recommended a chapter discharge for misconduct and inability to pay debts. c. On 12 September 1986, the applicant’s immediate commander notified the applicant that he was initiating separation action against her under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, separation for misconduct, pattern of misconduct, in that, the applicant failed to pay just debts. The commander stated all other attempts to make her a useful Soldier failed. She had been given every opportunity to improve her conduct and/or duty performance. She had been counseled to no avail. All attempts towards rehabilitating her were met with negative results. d. On 19 September 1986, the applicant acknowledged she had been notified of the pending separation action against her, and she had been advised by counsel of the basis for the contemplated action, understood her rights, and elected not to submit a statement in her own behalf. e. On 19 September 1986, the chain of command recommended approval of the discharge action with the issuance of an under honorable conditions discharge. f. On 23 September 1986, the applicant submitted a self-authored statement to the commander requesting consideration and explaining she was pregnant and got herself into financial trouble by writing bad checks on more than one occasion. She received several counseling from her supervisor and she was being chaptered out of the Army now. She no longer had a checking account and this was the only trouble she had been in since she joined the Army. She wanted to stay until her expiration of service and try to be the best Soldier she could. She knew about being barred for reenlistment and had paid off all of her checks. She wanted to work on building herself up again to provide for her son and herself. g. On 28 October 1986, the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12a, with the narrative reason of misconduct –– minor disciplinary infractions and issuance of a general, under honorable conditions discharge. h. On 3 November 1986, the applicant was released from active duty. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged under the provisions of paragraph 14-12 of AR 635-20 for misconduct (minor disciplinary infractions) with an under honorable conditions characterization of service. She completed 1 year, 7 months and 7 days of active service and was awarded or authorized the Army Service Ribbon. i. On 16 September 1988, the Army Discharge Review Board (ADRB) reviewed her discharge but found it proper and equitable. The ADRB denied her request for an upgrade. 5. AR 635-200 provided an under other than honorable conditions certificate is normally appropriate for a Soldier discharged under this chapter, except that an honorable or general discharge certificate may be issued if the Soldier’s record is so meritorious that any other characterization clearly would be inappropriate 6. In reaching its determination, the Board can consider the applicant's petition and her service record in light of the published DOD guidance on equity, injustice, or clemency. 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 short term of service completed prior to the pattern of misconduct, as well as the applicant already receiving a general discharge, the Board found no error or injustice which would warrant making a change to the characterization of service of the applicant. 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 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, provided for the separation of enlisted personnel from the Regular Army. It states: a. Chapter 14 established policy and prescribed procedures for separating Soldiers for misconduct. It stated: (1) Paragraph 14-12a (Minor Disciplinary Infractions) of the regulation provided, in pertinent part, an individual would be subject to separation by reason of minor military disciplinary infractions. (2) Paragraph 14-12d (Abuse of Illegal Drugs), provided first-time drug offenders in grades E-5 – E-9 or second-time drug offenders in grades E-1 – E-9, or medically diagnosed drug dependent members in grades E-1 – E-9, against-whom charges will not be referred to a court-martial authorized to impose a punitive discharge or against, whom separation action, will not be initiated under the provisions of chapter 9 (alcohol or other drug abuse rehabilitation failure) or, section II (conviction by civil court) of this chapter will be processed for separation under 14-12a, 14-12b (A Pattern of Misconduct) or 14-12c (Commission of a Serious Offense), as applicable. Abuse of illegal drugs is serious misconduct. Separation action normally will be based upon commission of a serious offense. The separation reason in all separations authorized by this paragraph will be "misconduct––abuse of illegal drugs." (3) An under other than honorable conditions certificate is normally appropriate for a Soldier discharged under this chapter, except that an honorable or general discharge certificate may be issued if the Soldier’s record is so meritorious that any other characterization clearly would be inappropriate. When an individual is to be discharged as misconduct and issued an UOTHC, the convening authority will direct his immediate reduction to the lowest enlisted grade. b. Paragraph 3-7a (Honorable Discharge ) an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’s service generally has met standards of acceptable conduct and performance of duty for Army personnel. c. Paragraph 3-7b (General Discharge) 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. 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 might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20170017211 4 1