ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  11 April 2019

	DOCKET NUMBER:  AR20170018215


APPLICANT REQUESTS:  His under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 17 August 1984

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 at the time his discharge he was immature and hard headed.  
He has grown and matured and now knows what it means to be respectful not only to 
others but to his country.

3.  The applicant enlisted in the Regular Army on 19 October 1981.

4.  The applicant received nonjudicial punishment (NJP), under Article 15 of the Uniform 
Code of Military Justice (UCMJ), on the following dates for the indicated offenses:

*	on 1 February 1984, for being drunk on duty, on or about 17 January 1984, and 
for failure to go to his appointed place of duty, on or about 7 January 1984
*	on 25 June 1984, for failure to go to his appointed place of duty on three 
separate occasions, on or about 14 June and 18 June 1984

5.  The applicant was formally reprimanded by his commander on 27 February 1984, for 
disobeying a lawful order from a noncommissioned officer and for failure to secure and 
control his assigned equipment.

6.  The applicant received five negative counseling statements between 14 June 1984 
and 9 July 1984, for infractions including but not limited to missing guard duty and failing 
to go to his appointed place of duty.

7.  The applicant's commander notified the applicant on 25 July 1984 of his intent to 
initiate separation actions under the provisions of Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), paragraph 13-2a, for unsatisfactory performance.  
His commander informed him that he would recommend he receive an under honorable 
conditions (general) discharge.

8.  The applicant consulted with counsel on 6 August 1984 and was advised of the 
contemplated actions and their effect and of his available rights.  He acknowledged the 
proposed separation actions.  He was advised he could submit any statements he 
desired in his own behalf and indicated he wished to do so; however, he did not provide 
a statement.

9.  The applicant's commander formally recommended his separation under the 
provisions of Army Regulation 635-200, paragraph 13-2a, by reason of unsatisfactory 
performance.

10.  The separation authority approved the applicant's discharge under the provisions of 
Army Regulation 635-200, Chapter 13, and directed that the applicant receive a general 
discharge.

11.  The applicant was discharged on 17 August 1984.  The DD Form 214 he was 
issued shows he was discharged under the provisions of Army Regulation 635-200, 
Chapter 13, by reason of unsatisfactory performance, and his service characterization 
was under honorable conditions.  

12.  The Board should consider the applicant's statement 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 post-service 
achievements for the Board to consider.  Based upon the record, 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 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.

ADMINISTRATIVE NOTE(S):

Not Applicable

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 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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  

	a.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law.  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 provides that 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. 
A characterization of under honorable conditions may be issued only when the reason 
for the Soldier’s separation specifically allows such characterization.

	c.  Chapter 13 provides the policy and outlines the procedures for separating 
individuals for unsatisfactory performance, and provides, in pertinent part, that 
commanders will separate a member under this chapter when, in the commander's 
judgment, the member will not develop sufficiently to participate satisfactorily in further 
training and/or become a satisfactory Soldier.

4.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations.  Clemency 
generally refers to relief specifically granted from a criminal sentence.  Boards for 
Correction of Military/Naval Records 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 a discharge, 
which may be warranted on equity or relief from injustice grounds.  
     
	a.  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 on the basis of equity, injustice, or clemency 
grounds, Boards 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.  

     b.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170018215
	
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