ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20180002417


APPLICANT REQUESTS:  an upgrade of his dishonorable discharge to a general, 
under honorable conditions discharge

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)
*	Air Assault School Certificate
*	Six Character Letters
*	Six Certificates of Appreciations

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 made one mistake and it tarnished his stellar career.  He 
was not found guilty of violation of UCMJ 80 and 92 and was hospitalized for PTSD and 
depression at Fort Campbell, Kentucky.  He feels that his discharged should be 
upgraded, so he can attend college and receive his VA benefits.

3.  The applicant provides character statements from:

     a.  His friends, which states they attended school with him and he was very kind-
hearted and caring and everyone would look up to him as a role model and star athlete.  
In all that he endured, he never lost faith, nor sight of his purpose in life.  He was offered 
many scholarships to continue to play sports, but he wanted to serve his country and if 
you could find it in your heart, please help him with this process.  

     b.  His mother, which states this young man is one that shows exemplary skills and 
he goes out of his way to help others.  She feels her son is an honest, trustworthy, and 
very respectful young man and everyone deserves a second chance.  He is a very 
positive role model in the family.

     c.  His Pastor, which states he was the applicant’s teacher at Gadsden High School 
and they had a special relationship.  They went on a mission trip together and he 
showed great love towards people and is an excellent young man.

     d.  His previous drill instructor and football coach, which states he excelled in sports,  
such as, football, track, and weight lifting and ROTC.  His school believes he was 
completely honest and trustworthy. He has proven to be an eager, industrious, reliable, 
and intelligent person.  He is committed to each task assigned to him and demonstrated 
a desire to learn and develop.  He believes the applicant is a fine man with great talents 
and has a wonderful future.

4.  A review of the applicant’s service record shows:

a.  He enlisted in the Regular Army on 15 September 2009.

   b.  He was convicted by a general court-martial on 19 June 2012, for unlawfully 
striking someone in the face with his fist.  The court sentenced him to be confined for 
9 years, reduced to the grade of Private/E-1, forfeiture of all pay and allowances and to 
be dishonorably discharged.  

	c.  On 6 December 2012, the convening authority approved the sentence and except 
for that part of the sentence extending to a dishonorable discharge ordered the 
sentence executed.  

	d.  General Court-Martial Order Number 116, dated 6 March 2014 affirmed the 
sentence and ordered it duly executed.  Article 71(c) having been complied with the 
dishonorable discharge will be executed.

	e.  The applicant was discharged from active duty on 3 April 2014.  His DD Form 
214 shows he was discharged as a result of court-martial conviction with a dishonorable 
characterization of service.  He completed 2 years, 4 months and 7 days of net active 
service.  

     f.  It also shows he was awarded or authorized the Army Service Ribbon, Expert 
Marksmanship Qualification Badge with Rifle Bar (M16), and Marksmanship 
Qualification Badge with Hand Grenade Bar.

5.  A medical advisory was requested and states:

     a.  On 25 June 2018, a medical advisory opinion review of this case for alleged 
conditions warranted separation through medical channels or medical conditions not 
considered during medical separation processing.  The applicant contends that his 
treatment by his court-martial was unjust and ignored PTSD, service history, and other 
relevant evidence in arriving at what the applicant’s views as its harsh and inequitable 
verdict.

     b.  Based upon the information available for review at the time, the applicant did not 
have mitigating medical or behavioral health conditions for the offenses which led to his 
separation from the Army.

6.  On 19 April 2018, the applicant was given an opportunity to respond to the medical 
advisory and he did not respond.

7.  By regulation, a member will be given a dishonorable discharge pursuant only to an 
approved sentence of a general court martial.  The appellate review must be completed 
and the affirmed sentence ordered duly executed.

8.  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 serious, criminal 
nature of the misconduct which led to the applicant’s separation, 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.
	  
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 (AR) 635-200 (Personnel Separations - Enlisted Personnel), in 
effect at the time, provides for the separation of enlisted personnel.

a.	Paragraph 3-7a (Honorable discharge) states 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

b.	Paragraph 3-7b (General discharge) states 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 3-7c states a discharge under other than honorable conditions is an 
administrative separation from the service under conditions other than honorable.  It 
may be issued for misconduct, fraudulent entry, security reasons, or for the good of 
service in selected circumstances.

   d.  Paragraph 3-11 states a member will be given a bad conduct discharge pursuant 
only to an approved sentence of a general or special court-martial.  The appellate 
review must be completed and the affirmed sentence ordered duly executed. 

3.  Title 10, U.S. Code, section 1552, provides that the Secretary of a Military 
Department may correct any military record of the Secretary’s Department when the 
Secretary considers it necessary to correct an error or remove an injustice.  With 
respect to records of courts-martial and related administrative records pertaining to 
court-martial cases tried or reviewed under the UCMJ, action to correct any military 
record of the Secretary’s Department may extend only to correction of a record to reflect 
actions taken by reviewing authorities under the UCMJ or action on the sentence of a 
court-martial for purposes of clemency.  Such corrections shall be made by the 
Secretary acting through boards of civilians of the executive part of that Military 
Department.

4.  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 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.


ABCMR Record of Proceedings (cont)	 AR20180002417

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