ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2019 DOCKET NUMBER: AR20170018964 APPLICANT REQUESTS: an upgrade of his under other than honorable conditions discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored request to forward letters to the Board * Self-authored letter of explanation * Letter of Support by DM, dated 4 March 2018 * Thank you letter from PC, dated 7 February 2007 * Certificate of Achievement * Certificate of Completion * Salesman of the Month Certificate * National Personnel Records Center Acknowledgement letter, dated 14 November 2017 * Case Management Division Acknowledgement letter, date 13 December 2017 * Fax Cover Sheet 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 stated he had a problem with alcohol and suffered from the disease of alcoholism during his time in the military. As a result of his excessive use of alcohol his performance was greatly affected. He was consistently late for duty due to being incapacitated from alcohol use. He would explain to his sergeant that he had consumed too much alcohol and could not drive himself to the base until he had sobered up or found himself unconscious in a neighboring town several miles from base. His discharge from the military just fueled his drinking problem and in 1990 he sought help and received treatment for his alcohol problem. He began a career in Real-estate industry that eventually retired from in late 2011. He was an active participant in his community volunteering with Easter seals as well stuff the bus programs for kids and school supplies. He is an active member of Alcoholics Anonymous and spend most of his time helping people find recovery and better lives as a result. He is seeking an upgrade because of the embarrassment it has caused his family and himself. 3. The applicant submitted a self-authored statement explaining the circumstances that led to his termination of duty. He stated he had a problem with alcohol and it severely affected his military career. He is an active member of Alcoholics Anonymous (AA) and spends time helping people find recovery and better lives as a result. He also provided: a. A character letter from the Lynnwood Alano Club attributing to the service work at the club and within the community. He is there several times a week to work with new beginners of the program. He helps get the new people and helps them stay clean and sober. He is a valuable asset to the continuing program in the community. b. A Thank You letter for participation in the Closings for Kids program in 2006- 2007. His contribution along with many others resulted in a contribution to Easter Seals. c. A Certificate of Achievement from Century 21 d. A Certificate of Completion in recognition of his commitment to ongoing development and pursuit of excellence in the real estate profession. e. Century 21 Salesperson of the Month for September 2004. 4. A review of the applicant’s service records shows: a. He enlisted the Army of the United States on 21 September 1972. b. He accepted nonjudicial punishment on/ for: * 8 February 1973, for absenting himself from prescribed place of duty * 17 May 1973, for being AWOL c. On 2 August 1973, he was found guilty and convicted by a special court-martial of two specification of AWOL, from 29 May 1973 to 12 June 1973 and 18 June 1973 to 26 June 1973. The court sentenced him to hard labor without confinement for two months. The convening authority approved the sentence and suspended the hard labor for 3 months. d. On 20 August 1973, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for absenting himself from prescribed place of duty on or about 7 August 1973. e. His record is void of a DA Form 458 (Charge Sheet). f. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his records show on 1 October 1973, a DA Form 2496 (Disposition Form) was initiated for request for discharge for the good of the service. Item #16, remarks shows EM (enlisted member) states that he cannot adjust to the service and his family problems are at the point that he cannot support his family while in the Army. Counseling and rehabilitation has been of no value to EM. g. On 3 October 1973, the separation authority approved the discharge for the good of the service and under the provisions of paragraph 7-26b (3), AR 600-200, and individual would be reduced to the lowest enlisted grade, receive an Undesirable Discharge Certificate. h. The applicant was discharged on 26 October 1973. His DD Form 214 (Report of Transfer or Discharge) shows he was discharge under the provisions of chapter 10 (For the Good of the Service) of AR 635-200, his service was characterized as under other than honorable conditions and he was reduced to the lowest enlisted rank. He completed 1 year and 10 days of active service with lost time of 26 days (5-8 April 1973 and 18-25 June 1973). It also shows he was awarded or authorized National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge Rifle (M-16). 5. On 9 November 1981, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and found his discharge proper and equitable. The ADRB denied his request for an upgrade. 6. By regulation (AR 635-200), chapter 10 provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court- martial charges were preferred. An undesirable discharge certificate would normally be furnished an individual who was discharged for the good of the Service. 7. 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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined there is sufficient evidence to grant relief. Based upon the type of misconduct which led to the discharge and the character evidence demonstrating that the applicant has learned and grown from the events leading to his discharge, the Board recommended granting clemency by upgrading the characterization of service to Under Honorable Conditions (General). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Under Honorable Conditions (General). 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, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-9d (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 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 1-9e (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. c. Chapter 10 of that regulation states a Soldier who has committed an offense or offenses, the punishment for which, includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service. A discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged for the good of the service. 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) AR20170018964 5 1