ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 June 2019

	DOCKET NUMBER:  AR20170019875


APPLICANT REQUESTS: an upgrade his character of service from general under honorable conditions to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* 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, in effect, he was originally given a general under honorable discharge character of service when he was discharged from the Regular Army on 16 December 1991.  The Army changed his general discharge to an honorable the following month because it was discovered that he was wrongfully discharged.  The applicant further states, after the update of his 16 December 1991 DD Form 214, he will be able to get his change of military occupational specialty (MOS) bonus that he should have received in 2008. 

3.  The applicant provides a copy of his DD Form 214, dated 16 December 1991, showing block 24 (Character of Service) was a general under honorable conditions.

4.  A review of the applicant’s service record shows:

a. He enlisted in the Regular Army on 26 January 1988 and attained the rank and 
grade of specialist/E-4.

b. Jail history report containing an arrest on 3 May 1991, shows the applicant was 
arrested by civilian authorities in Colorado Springs, CO, for assault.  He was released on bond the same day.
c. Jail history report containing an arrest on 24 July 1991, shows the applicant was 
arrested by civilian authorities in Colorado Springs, CO, for assault, speeding (48 miles per hour in a 30 mile per hour zone), and no insurance.  He was released on bond on 25 July 1991.

d. On 19 September 1991, the applicant accepted nonjudicial punishment for failing 
to go at the prescribed time to his appointed place of duty.  His punishment consisted, in part of reduction to private first class/E-3.

   e.  The applicant’s immediate commander recommended a bar to enlistment/ reenlistment (no date listed) for failing to be at the appointed place of duty and leaving his weapon in NTC (National Training Center, CA).

   f.  On 13 November 1991, the applicant’s immediate commander notified him of his intent to initiate separation proceedings against him under the provisions of Army Regulations (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph   14-12b for a pattern of misconduct.  The commander detailed his reasons for the proposed action were:

* writing numerous bad checks
* numerous absences from work
* assault
* speeding and driving without insurance

g.  Also on 13 November 1991, the applicant signed the acknowledgement of 
notification, was advised by consulting counsel, requested a personal appearance and consideration of his case by an administrative separation board.  He did not provide a statement on his behalf.  His service record is void of documentation to support an administrative separation board was conducted.

e. He was recommended for separation by his immediate and intermediate 
commanders on 13 November 1991.

	f.  On 20 November 1991, the separation authority approved the applicant's discharge and ordered he receive a General Discharge Certificate. 

	g.  The applicant was discharged on 16 December 1991.  His DD Form 214 shows he was discharged under the provisions of AR 635-200 paragraph 14-12b for patterns of misconduct.  He was given a general under honorable conditions discharge characterization of service.  He completed 3 years, 10 months, and 21 days of active service with no lost time.  It also shows he was awarded or authorized:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

	g.  His service record was void of the documentation to support an update to his DD Form 214 dated 16 December 1991.

5.  By regulation 635-200, Soldiers are subject to separation under the provisions of chapter 14, for a pattern of misconduct consisting of discreditable involvement with civil or military authorities and discreditable conduct and conduct prejudicial to good order and discipline includes conduct violative of the accepted standards of personal conduct found in the Uniform Code of Military Justice, ARs, the civil law, and time-honored customs and traditions of the Army.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.

6.  The Board should consider the applicant’s submission 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 pattern of misconduct, some which involved violent behavior, as well as a lack of character evidence submitted by the applicant to show he has learned and grown from  the events leading to his discharge, 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 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.

a. Paragraph 3-7a provides that an honorable discharge is given when the quality of 
the Soldier's service has generally met standards of acceptable conduct and duty performance.

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.

c. Paragraph 14-12b, of the version in effect at the time, provides members are 
subject to separation under the provisions of this section for patterns of misconduct related to frequent incidents of discreditable nature with civil or military authorities.  Also, discreditable conduct and conduct prejudicial to good order and discipline includes conduct violative of the accepted standards of personal conduct found in the Uniform Code of Military Justice, ARs, the civil law, and time-honored customs and traditions of the Army.

3.  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 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 government acknowledgement that a relevant error or injustice was committed, and uniformity of punishment.

a. Changes to the narrative reason for the 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)	 AR20170019875


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