ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 July 2019

	DOCKET NUMBER:  AR20180001337


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions discharge to an honorable discharge. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  he provides a 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:

	a.  He takes full responsibility of the lack of attention to the household inventory checklist when the Army moved his family from Fort Richardson, AK to Fort Carson, CO.  He was stationed at Fort Carson about 8 months in temporary duty at Camp Casey, Korea, when his household goods arrived from AK.  He was not home to receive them due to being in the field on maneuvers.  At the time, his wife took inventory of the goods and he did not check for correctness and he signed the manifest making full supposition of its accuracy.  He regrets not being thorough with ensuring its accuracy; however, as the Board reviews his 17 years of service to the Army, they can see that he served honorably and with distinction and commendation.

	b.  His many years of hard work, commitment, and dedication to service of his country have proved his devotion.  He expresses his sincere desire to be recognized as a veteran.  He gave 17 years of his life to the Army and his country and he believes he is deserving of the honor of being identified as a veteran.  A lack of attention to a household inventory manifest should not determine the ruin of a distinguished career as a staff sergeant (SSG) in the U.S. Army.  He requests consideration of his request for a change of the status of his discharge from the Army.


3.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 28 August 1975.  He held military occupational specialty 76Y (Supply Specialist).

	b.  He was honorably discharged on 16 April 1978, for the purpose of immediate reenlistment.  His DD Form 214 (Report of Separation from Active Duty) shows he completed 2 years, 7 months, and 19 days of net active service.

	c.  He reenlisted in the RA on 17 April 1978 and on 4 October 1984.  He was promoted to the rank/pay grade of SSG/E-6 on 23 June 1981.  He served in Germany from 28 September 1979 to 22 September 1982.  He also served in:

* Alaska from 15 May 1985 to 15 May 1989
* Korea from 23 August 1990 to 12 October 1991

	d.  His record is void of the DD Form 458 (Charge Sheet).  However, his available record contains the following:

		(1)  Request for Discharge for the Good of the Service memorandum (signature page) showing the applicant acknowledged receipt of the foregoing action by the Commanding General on 26 February 1993.

		(2)  Orders Number 061-06, issued by Headquarters, 4th Infantry Division (Mechanized), Fort Carson on 2 March 1993, reassigning him to the transition point for discharge on 5 March 1993.

		(3)  DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was discharged from active duty, on 5 March 1993, under the provision of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations), chapter 10, for the good of the service in lieu of court-martial with his service characterized as under other than honorable conditions.  He completed 14 years, 10 months, and 19 days of net active service this period and 2 years, 7 months, and 19 days of prior active service.  The form further shows he was awarded/authorized: 

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal with 2nd Oak Leaf Cluster
* three Overseas Service Ribbons
* three Noncommissioned Officer Professional Development Ribbons
* five Army Good Conduct Medals
* Army Commendation Medal
* Drill Sergeant Identification Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
		(4)  Item 18 (Remarks) of this DD Form 214 contains the statements:  “Continuous Honorable Active Service From:  780417-900214//Immediate Reenlistment This Period:  780417-841003.”

4.  By regulation (AR 635-200), a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  A discharge under other than honorable conditions is normally considered appropriate.

5.  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 review of the application and all evidence, the Board determined relief is not warranted.  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 evidence of post-service achievements for the Board to consider.  The applicant’s record is void of the circumstances leading to court-martial charges; however, he contends his separation is related to a concern with the receiving of household goods.  Based upon his voluntary request for discharge in lieu of court-martial, the Board determined he admitted guilt to a criminal offense in which his command preferred charges that could have resulted with a BCD.  Based on his offense of a criminal nature, as well as his failure to accept responsibility and show remorse for the events leading to his separation, 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.


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), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation stated in:

	a.  Paragraph 3-7a (Honorable Discharge) – an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the Soldier’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate.  

	b.  Paragraph 3-7b (General Discharge) – a general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory, but not sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 10 – an individual who had committed an offense or offenses, the punishment for which included an undesirable discharge, could submit a request for discharge for the good of the service.  A discharge under other than honorable conditions normally was appropriate for a Soldier who was discharged for the good of the service; however, the separation authority could direct a General Discharge Certificate, if such was merited by the Soldier’s overall record during the current enlistment.

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 regarding equity, injustice or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence and BCMRs 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 discharge, which may be warranted on equity or relief from injustice grounds.  The 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, an injustice, or clemency grounds, BCMRs shall consider the twelve stated principles in the guidance as well as eighteen individual factors related to an applicant.  These factors include the severity of the misconduct and the length of time since the misconduct.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180001337


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