ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  2 April 2019

	DOCKET NUMBER:  AR20180000773


APPLICANT REQUESTS:  upgrade of his general discharge under honorable 
conditions to honorable. SIC upgrade UOTHC.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  However, the Army Board for Correction of Military Records 
(ABCMR) 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 his character of service upgraded because he has 
not been in any legal trouble; he has been a good American citizen since his discharge.  
He contends, in all fairness, enough time has passed for the Board to consider him for 
an honorable character of service.

3.  The applicant's complete military records are not available for review.  A fire in 
1973 destroyed approximately 18 million service members’ records at the National 
Personnel Records Center (NPRC).  The Army personnel records affected dated 
between November 1912 and January 1960.  It is believed his records were lost or 
destroyed in that fire.  However, the NPRC provided a copy of his separation orders and 
DD Form 214 (Report of Separation from the Armed Forces of the United States), which 
offer sufficient information to address the applicant's request.  

	a.  His separation orders show, on 30 April 1957, he was separated per Army 
Regulation (AR) 635-208 (Personnel Separations – Discharge – Undesirable Habits and 
Traits of Character) under separation program number (SPN) 488 (Unfitness (general); 
discharge because of undesirable habits or traits of character).  
	b.  His DD Form 214 shows he:

*	enlisted in the Regular Army on 14 March 1955 for a term of 3 years; he held 
military occupational specialty 162.00 (AAA Gun Crewman)
*	was discharged under other than honorable conditions on 30 April 1957 from Fort 
Leonard Wood, MO; he completed 10 months and 28 days of net creditable 
service, with 439 days of lost time and no foreign service
*	held the rank of private/E-1, effective 20 July 1956; no awards or decorations

4.  Due to the unavailability of the applicant's separation packet, we are unable to 
determine the specific circumstance(s) that led to his discharge; however, despite the 
unavailability of the applicant's separation packet, and in light of the record copy of his 
DD Form 214, the Board presumes the applicant's leadership completed his separation 
properly.  The applicant states, in effect, he has been a good American citizen who has 
not been in any trouble; sufficient time has passed for the Board to consider him 
favorably for this upgrade.  In reaching its determination, the Board can consider the 
applicant's petition, his service record, and his statements in light of the published 
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.  He did not provide character witness statements or post-service 
achievements for the Board to consider.  Based upon the record, 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 3 years after discovery of the alleged error or injustice.  This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.  

2.  AR 635-208, in effect at the time, provided procedures and guidance for elimination 
of enlisted personnel with undesirable habits or traits of character.  The following 
reasons could form the basis for separation under this regulation:

*	habits/traits of character manifested by antisocial or amoral behavior; chronic 
alcoholism; criminalism; drug addiction; pathological lying, or misconduct
*	possessing unclean habits
*	repeatedly committing petty offenses not warranting trial by courts-martial
*	habitual shirking
*	following a disposition or medical board, recommended for discharge because of 
a psychopathic personality disorder
*	demonstrates behavior, participates in activities, or has associations, which tend 
to show the Soldier is not reliable or trustworthy

3.  AR 635-200, in effect at the time, prescribed policies and procedures for the 
discharge or release from active duty of enlisted personnel.  Commander had the 
authority to issue discharge certificates reflecting the Soldier's character of service, 
based on the commander's evaluation of the Soldier's service and character during his 
overall enlistment period.

	a.  An honorable discharge was furnished when the Soldier's record showed:

*	character ratings of at least "good"
*	efficiency ratings of at least "fair"
*	no general court-martial convictions
*	not more than one special court-martial conviction
*	subsequent honest and faithful service over a greater period could outweigh 
disqualifying entries in the service record

	b.  A general discharge under honorable conditions was given to Soldiers who did 
not qualify for an honorable discharge.

4.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 states 
the ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  

5.  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 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.  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)	 AR20180000773

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