ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 May 2019 DOCKET NUMBER: AR20170018988 APPLICANT REQUESTS: an upgrade of his other than honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement, dated 9 August 2017 * Self-Authored Statement, dated 23 September 1981 * Four letters of support * Memorandum from U.S. Army Enlisted Records and Evaluation Center, dated 6 January 1982 * Discharge Order #1-1, dated 6 January 1982 * DD Form 214 (Certificate of Release or Discharge From Active Duty 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, due to the severe illness of his mother at the time, he went absent without leave to see her. He is requesting for the Board to consider all the circumstances and to why he left the service. He adds that he did not get in trouble or do drugs and he was a good soldier and asking for consideration. He has matured and realizes that he should have followed his command. 3. The applicant provides: a. A self-authored statement which states, since he returned home, he has worked and raised a family until he became sick. As a young man, he was drafted into the Army, but he feels that he should have respected the duties of the service. He requests to move forward and hopes his service record can be updated. b. A self-authored response to the letter sent from U.S. Army Enlisted Records and Evaluation Center, dated 23 September 1981, notifying him of eligibility for a discharge in absentia (see attached). c. A letter of support, dated 19 November 2016, from a long-time friend, which states he has known the applicant for 30 years and he is very responsible and hardworking. d. A letter of support from X____, dated 24 August 2017, which states that for over 35 years she has known the applicant to be a hard worker who has worked two jobs to support his family. Also, he takes time to help others as he has assisted her in taking care of her family members. e. A letter of support from X____, dated 11 January 2017, from the principal secretary, which states the applicant was an exceptional employee at North Technical High School. f. A letter of support from X____, a long-time friend of 50 years, which states the applicant was a family man and a 30-year employee for the Board of Education. At this time, he is unable to work and cannot afford the medical insurance he needs for his medical conditions. g. The discharge order (1-1), dated 6 January 1982, which effectively discharge him on 6 January 1982 (see attached). 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 6 July 1972. b. On 10 October 1972, he was reported as being absent without leave and on 6 May 1973 the U.S. Army charged him with desertion. c. On 2 September 1981, the U.S. Army Enlisted Records and Evaluation Center notified him that after review of his records, it was determined he was eligible for a discharge in absentia and offered him the opportunity to submit a statement on his own behalf. d. On 6 January 1982, the U.S. Army Enlisted Records and Evaluation Center notified the applicant that the statement he submitted did not contain sufficient evidence to warrant the issuance of a different category of discharge and action was taken to execute his discharge in absentia effective 6 January 1982. e. He was discharged on 6 January 1982. He completed 6 months and 10 days of active service with 3,269 days lost. 5. By regulation, action will be taken to separate a member for misconduct when it is clearly established that despite attempts to rehabilitate or develop him or her as a satisfactory soldier, further effort is unlikely to succeed. 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 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 a lengthy AWOL offense, the Board concluded that the characterization of service received at the time of discharge was appropriate. 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 (AR) 635-200, (Personnel Separations – Enlisted Personnel), in effect at the time, provides for separation of enlisted personnel. a. Paragraph 3-7a (Honorable Discharge) states 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 characterization would be clearly in appropriate. b. Paragraph 3-7b (General Discharge) 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 this regulation provides procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offence, and conviction by civil authorities. 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 regarding equity, injustice or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence and BCMRs 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 discharge, which may be warranted on equity or relief from injustice grounds. The 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, an injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the guidance as well as eighteen individual factors related to an applicant. These factors include the severity of the misconduct and the length of time since the misconduct. ABCMR Record of Proceedings (cont) AR20170018988 4 1