ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 March 2019

	DOCKET NUMBER:  AR20180000203


APPLICANT REQUESTS:  an upgrade of his chapter 15 (sic) discharge to honorable, 
in effect, he is requesting an upgrade of his chapter 13

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: 

*	he was a young troubled teenager with a rough upbringing from a broken home 
*	he was forced to live with his mother, who was addicted to drugs and alcohol
*	he was abused and beaten for much of his adolescent life
*	he has since strived to better his life and has been married for almost 20 years
*	he is now a licensed realtor and currently pursuing his broker and mortgage 
lender licenses
*	he is active in his community by volunteering with the Wounded Warriors and 
VFW programs and fundraisers
*	27 years is enough time to be punished

3.  The applicant:

*	enlisted in the Regular Army on 23 March 1988, according to his DD Form 214
*	accepted nonjudicial punishment (NJP) on 8 February 1988 for wrongfully having 
a bottle of liquor in his barracks room
*	accepted NJP again on 11 October 1988 for willfully and wrongfully damaging an 
automobile door lock and the metal door around the door lock 
*	was notified of the intent to separate on 16 November 1988 for larceny and 
destruction of property, violation of a written order, indebtedness to the Army Air 
Force Exchange Services, his inability to pass his Skills Qualification Test, and 
his overall poor performance
*	received legal counsel on 17 November 1988
*	was notified of initiation of separation proceedings on 18 November 1988

4.  The separation authority approved the applicant's discharge on 28 November 1988, 
under the provisions of Army Regulation 635-200, chapter 13, and directed a general, 
under honorable conditions.
5.  The applicant was discharged from the Army on 12 December 1988.
6.  There is no indication that the applicant applied to the Army Discharge Review Board 
for an upgrade of his discharge within its 15-year statute of limitations.
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 and post-service 
character 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 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.  
   
   c.  Chapter 13 of that regulation provides, in pertinent part, if it is clearly established 
that the Soldier will not develop sufficiently to participate satisfactorily in further training 
and/or become a satisfactory Soldier.  Further stating it is likely that the Solider will be a 
disruptive influence in present or future duty assignments and his ability to perform 
duties effectively in the future, including potential for advancement or leadership, is 
unlikely.
  
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//

ABCMR Record of Proceedings (cont)	 AR20180000203

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