ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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	BOARD DATE:  29 March 2019

	DOCKET NUMBER:  AR20180000248


APPLICANT REQUESTS:  The applicant requests his under other than honorable 
conditions (UOTHC) discharge be upgraded 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 he would like the board to consider upgrading his character of 
service to honorable.  He made a bad decision when he left the Army 93 days early.  He 
is a master brick mason and would work for free in the community or Army to make up 
his time.  He’s never been in prison.  If the board upgrades his character of service 
hopefully a flag would be presented to his son.  He knows the military deserved and 
expected more from him and regrets the decision he made and ask for leniency.

3.  On 30 November 1973, he enlisted in the Regular Army.

4.  On 3 April 1975, the applicant received non-judicial punishment (NJP) for being 
absent himself from his place of duty from on or about 0630 hours 21 March 1975 to on 
or about 0845 hours 21 March 1975.  

5.  On 1 August 1975, a report for suspension of favorable personnel actions shows the 
applicant was apprehended by the military police on or about 1 August 1975 from being 
dropped from the unit rolls on 30 June 1975.

6.  On 28 October, another report for suspension of favorable personnel actions shows 
the applicant surrendered to his unit after being dropped from the rolls again on 2 
September 1975.  The applicant was then sent to pre-trial confinement pending a 
Special Court Martial.

7.  On 30 December 1975 Special Orders Number 269 shows the applicant was 
discharge on 9 December 1975 with an undesirable discharge.   

8.  His record is void of a separation packet; however, his DD Form 214 shows: 

*	Separation Date:  31 December 1975
*	Total Active Service:  1 year 29 days 
*	Character of Service:  Under Other Than Honorable Conditions 
*	Authority and Reason:  Chapter 10, AR 635-200
*	Time lost:  93 days

9.  The applicant states he would like the board to consider upgrading his character of 
service to honorable.  He knows the military deserved and expected more from him and 
regrets the decision he made and ask for leniency.  If the board upgrades his character 
of service hopefully a flag would be presented to his son.  His records show his effective 
date was 9 December 1975 but his DD Form 214 shows his effective date as 31 
December 1975.

10.  Army Regulation 635-200 states a Chapter 10 is a voluntary discharge request in-
lieu of trial by court martial.  In a case in which an UOTHC is authorized by regulation, a 
member may be awarded an honorable or general discharge, if during the current 
enlistment period of obligated service he has been awarded a personal decoration or if 
warranted by the particular circumstances of a specific case.
11.  In reaching its determination, the Board can consider the applicant's petition, his 
service record, and his statements in light of the published DOD guidance on equity, 
injustice, or clemency.

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.
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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 (Active Duty Enlisted Administrative Separations), as in 
effect at the time, set forth the basic authority for the separation of enlisted personnel, it 
states:   
     a.  A Chapter 10 (Discharge in Lieu of Trail by Court Martial) is applicable to 
members who had committed an offense or offenses for which the authorized 
punishment included a bad conduct or dishonorable discharge could submit a request 
for discharge for the good of the service.  The request could be submitted at any time 
after the charges had been preferred.  Although an honorable or general discharge was 
authorized, an under other than honorable conditions discharge was normally 
considered appropriate.
 
   b.  An honorable discharge is a separation with honor.  The honorable 
characterization is appropriate when the quality of the Soldier’s service has generally 
met standards of acceptable conduct and performance of duty for Army personnel.  
 
    c.  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.
 
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.  
 
      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, 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.  
 
      b.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000248
	
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