ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  25 March 2019
DOCKET NUMBER: AR20170018803


APPLICANT REQUESTS:  an upgrade of his discharge from general to honorable

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, his discharge was supposed to be upgraded after 2-3 years of 
separation.

3.	The applicant:

*	enlisted in the Regular Army on 4 August 1986, according to his DD Form 214 
(Certificate of Release or Discharge from Active Duty)
*	accepted nonjudicial punishment (NJP) on 21 December 1989 for being absent 
without leave (AWOL) on 28 October 1989 and was reduced to the grade Private
*	was notified of the intent to separate on 3 January 1990 for being AWOL and 
testing positive for THC
*	was notified of initiation of separation proceedings on 25 January 1990
*	received legal counsel on 31 January 1990

4.	The separation authority approved the applicant's discharge on 2 February 1990, 
under the provisions of Army Regulation 635-200, chapter 14-12(c), and directed a 
general, under honorable conditions.
5.	The applicant was discharged from the Army on 26 February 1990.



6.	The applicant applied to the Army Discharge Review Board for an upgrade of his 
discharge on 28 January 1992. The Board determined his discharge was proper and 
equitable.
7.	The Board should consider the applicant's submissions 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. 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 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), sets forth the 
basic authority for the separation of enlisted personnel.

   a.	Paragraph 3-7a states 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 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, of the version in effect at the time, established policy and prescribed 
procedures for separating members for misconduct. Specific categories included minor 
disciplinary infractions, a pattern of misconduct, commission of a serious offense, and 
convictions by civil authorities.  It provided that action would be taken to separate a 
member for misconduct when it was clearly established that rehabilitation was 
impracticable or was unlikely to succeed.  A general discharge was normally appropriate 
for a Soldier discharged under this chapter. However, the separation authority could direct 
an honorable discharge if merited by the Soldier's overall record.

3.	The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge review 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.

//NOTHING FOLLOWS//