ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20180006797 APPLICANT REQUESTS: an upgrade of his under other than honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Business Card Gym Core Fitness * Temporary Airman Certificate * Primary Leadership Development Course (PLDC) Certificate * Three Aviation Training Certificates * Bachelor Degree * Veterans Services Letter Atlantic County * 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 he regrets the circumstances of the decisions he made while in the service. He has fully adjusted, gone to college and has a successful career. The mistake he made has given him the opportunity to channel his life in a positive manner. He has one honorable discharge and should not be penalized for the second. 3. The applicant provides: a. A Business card with his name called Gym Core Fitness. b. A copy of his PLDC course completion certificate on 1 November 1996. c. A copy of his certificate of completion from North Central Institute for the AD-100 Aircraft Dispatcher on 8 June 1998. d. A copy of his temporary Airman Certificate that was issued on 9 November 1998. e. A copy of his certificate from North Central Institute for Aviation Maintenance Technology on 14 November 1998. f. A copy of his Associate’s Degree in Applied Science in Aviation Technology from North Central Institute on 16 December 1998. g. A copy of his Bachelor’s Degree in Physiology from the University of Arizona on 23 May 2006. h. A letter from the Atlantic County Veterans Services asking for the applicant’s record to be corrected on 18 April 2018. i. A copy of his DD Form 214, which captures his time in service from 29 October 1991 to 30 January 1998, which includes his immediate reenlistment of honorable continuous service from 19911029 to 19970601. 4. A review of the applicant's service record shows: a. He enlisted in the Regular Army on 29 October 1991, followed by an immediate reenlistment on 25 April 1995. b. He accepted nonjudicial punishment on/for: * 19 February 1997, for stealing U.S. currency * 7 August 1997, wrongfully use of cocaine * 20 August 1997, wrongfully use of cocaine c. On 5 August 1997, the Clinical Director of the Community Counseling Center (CCC) where the applicant was enrolled, provided an update to the command. The command was informed that he attended most of the sessions and participated well in the program and that his alcohol problem seemed to be severe. The applicant realized he could not control alcohol and other substances, but appeared to have problems accepting it and taking responsibility. d. On 16 September 1997, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against him Under the Provisions (UP) of Army Regulation (AR) 635-200 (Personnel Separation), Chapter 14-12c, for commission of a serious offense. The reason for the proposed action is that he tested positive for cocaine on two separate occasions which resulted in punishment under Field Grade Article 15 procedures. He also stole U.S. currency which resulted in punishment under Company Grade Article 15 procedures. e. On 17 September 1997, the applicant requested for a conditional waiver and consulted with legal counsel of the basis for the contemplated action to separate him for misconduct under AR 635-200, chapter 14-12c. He acknowledged: * statements on his behalf are submitted * the right to submit a statement in his own behalf * he could encounter substantial prejudice in civilian life if general discharge under honorable conditions is issued * representation of military counsel f. The applicant provided a written statement: (1) When he first learned that he was to be separated from the U.S. Army, his feelings were of betrayal and anger. At that time he was a Specialist, fully promotable, with Primary Leadership Development Course and five and a half years of selfless service to his country. Four years of which he was assigned to the 21187th Infantry Regiment of 3rd Brigade. He served with Delta Troop, 2117th Air Cavalry. Throughout his military career he had been told and believed that, “if you train hard you played hard” which made sense to him. During his tour with the infantry, he was known for his discipline, hard driving attitude and realistic outlook on training. After years of training and playing hard it took a toll on him. He wanted to settle down and advance his career. (2) He married on 12 November 1994, soon after he and his wife were expecting a baby. He was hoping to put away old friends, old times and drinking. Four months into his wife’s pregnancy he was sent Scotland in an exchange company deal. He had a lot of fun with his team as before, training hard and playing hard. Half way through his tour, he received a Red Cross message informing him that his wife lost the baby after five months into her pregnancy. His chain of command showed concern for him but they denied his request to be sent back home to be there for his wife. (3) His wife appeared to be strong and able to handle the loss of their child but inside she was dealing with a lot of emotions and fell into depression. After receiving extensive counseling, his wife was ready to live again. The applicant believed he would not feel the repercussions of the lost but eventually he did and started drinking again. His wife was concerned that he started drinking again but he shrugged it off and he told her he was having fun with the guys. (4) However, the drinking got him into trouble with his wife, the Army and the law. He was command referred to ADAPC and he was more than willing to receive help. He also requested for inpatient treatment but was denied. He was devastated and started drinking again and experimented with drugs. He was restricted to the barracks and on two occasions and drank himself into a suicidal state. He felt like he failed himself but the feeling passed and he sobered up. He joined AA once before but did not apply himself but this time he did. He started the 12 step program and has a sponsor. While he was on restriction he had time to think about honesty and integrity something he thought he had. He now hopes to make amends for the past, live life one day at a time, and focus on a progressive, successful recovery so that he may be an asset to the community in the civilian world. g. On 22 September 1997, at the request of the applicant the CCC provided an additional update of the applicant. The command was informed that he had shown marked improvement and his willingness and commitment to work a 12 Step recovery program. He attended meetings regularly and actively worked with an Alcoholics Anonymous sponsor. He appears to be fully committed to working a recovery program and maintain a drug and alcohol free lifestyle. h. On 23 September 1997, his immediate commander recommended that he be discharged UP of AR 635-200, Chapter 14-12c and issued an Under Other Than Honorable (UOTH) Conditions Discharge. The intermediate commander also recommended that the applicant be discharged and issued an UOTH discharge. i. On 3 October 1997, the senior commander recommended that the applicant be discharged UP of AR 635-200, Chapter 14-12c but issued a General, Under Honorable Conditions Discharge. j. There are 8 letters of support from various Commissioned Officers, Senior Chief Warrant Officers, Noncommissioned Officers and junior Soldiers. The letters attest to the applicant’s work ethics and his willingness to overcome the situation in which he placed himself. k. On 18 December 1997, the applicant provides a statement in which he states he has and is still learning from this experience in his life and the actions that led to his consequences. l. On 23 January 1998, the separation authority approved the discharge UP of AR 635-200, Chapter 14-12c and issued an Under Other Than Honorable Discharge Certificate. m. On 30 January 1998, he was discharged from active duty. His DD Form 214 shows he completed 6 years, 2 months and 2 days of net active service. He was awarded or authorized the: * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar (M-16 * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 * Aircraft Crewman Badge * Air Assault Badge 5. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 6. By regulation, separations under the provisions of AR 635-200, chapter 14 provides policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave. 7. The Board should 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 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. The applicant accepts responsibility for his actions and was remorseful with his application, demonstrating he understands his actions were not that of all Soldiers. The Board agreed, based upon the demonstrated growth and remorse shown by the applicant, an Under Honorable Conditions (General) character of service is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 January 1998 to show a general, under honorable conditions characterization of service. 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. AR 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 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 states 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. c. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. First time drug offenders in the grade of sergeant and above, and all Soldiers with three years or more of total military service, active and reserve, will be processed for separation upon discovery of a drug offense. All Soldiers must be processed for separation after a second offense. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006797 8 1