ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 May 2019 DOCKET NUMBER: AR20180000833 APPLICANT REQUESTS: An upgrade of his general, under honorable conditions discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application For The Review of Discharge or Dismissal from The Armed Forces of The United States) * 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 first and foremost he is fully aware and takes full responsibility for his actions that led to his under honorable conditions (general) discharge from the Army which he fully regrets. His troubles with alcohol have ceased since being discharged from the military. His time in the military was well spent, gaining knowledge, experience, and comradely from his military occupational specialty as well as fellow noncommissioned officers and leaders alike. He is asking for a review of his discharge and for a status change to an honorable discharge. He has learned from his mistakes in the past and have become a more responsible man and father. Due to his lack of responsibility, it allowed to him to make rash idiotic decisions while serving in the military. He can say to this day, the old person no longer exist and he has truly learned from his past mistakes and continue moving forward making better decisions, for himself and his family. From the day of discharge from the military, he has sustained a steady employment with San Antonio Behavioral Healthcare Hospital, as a Mental Health Technician. Serving as a lead mental health tech, he ensures the safety and daily activities of individuals, who are undergoing psychological issues, post-traumatic stress disorder (PTSD), behavioral issues, and issues with drugs and alcohol. He has stayed out of trouble with law enforcement. He has grown as a man, and has made responsible decisions, that continue his growth as an individual and as a man. As a 1. man he can only wish the best for himself and his family. He is asking for a change of discharge to make that possible, by attending college to further his education and to be a better provider for his family with more doors opening up with him furthering his education. 3. The applicant provides his DD Form 214 which shows he was discharged on 11 August 2011 under honorable conditions (general) under provisions (UP) of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) paragraph 14- 12c (Commission of a Serious Offense) for misconduct. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 5 November 2007. b. On 31 March 2011, he received a memorandum of reprimand for assaulting the mother of his child Specialist Na A. Be on 30 January 2011 by pushing her away, picking her up, pinning her down, and choking her. c. On 25 May 2011, he received an administrative General Officer Memorandum of Reprimand (GOMOR) for operating a motor vehicle while intoxicated on 8 May 2011. His blood alcohol content was 0.14 g/210L. He received a copy of the GOMOR on 31 May 2011. He did not submit statements on his behalf. The GOMOR was filed in his official military personnel file on 8 June 2011. d. On 22 June 2011 , the unit commander notified the applicant of initiation of separation action UP of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, (assault) and failing to report to his appointed place of duty. He recommended a general, under honorable conditions discharge, and advised the applicant of his rights. e. On 23 June 2011 , the applicant was given the opportunity to consult with legal counsel, he understood he was not entitled to an administrative separation board, he was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. f. On 11 July 2011, the separation authority directed the applicant be discharged with a characterization of service of general, under honorable conditions. g. On 11 August 2011, the applicant was discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was UP of AR 635-200 paragraph 14-12c, due to misconduct (commission of a serious offense) with a general, under honorable conditions character of service. He completed 3 years, 9 months, and 7 days of active service. His awards included Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Parachutist Badge. He served in Afghanistan from 19 August 2009 – 16 August 2010. 5. The applicant applied to the Army Discharge Review Board and the board found his separation proper and equitable, and denied his request on 17 August 2012. 6. By regulation, AR 635-200 sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. 7. 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 misconduct involving violent behavior on others, as well as the applicant already receiving a general 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. 5/30/2019 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 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. a. Paragraph 3-7a (Honorable discharge) An honorable discharge is a separation with honor. 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. Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to AD or ADT, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. b. Paragraph 3-7b (General discharge) A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 14-12c (Commission of a serious offense) Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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- 1. 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 based on 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.