IN THE CASE OF:  

BOARD DATE:  19 December 2019

DOCKET NUMBER:  AR20180007241


APPLICANT REQUESTS:  His under other than honorable conditions (UOTHC) 
discharge be upgraded to an under honorable conditions (general) discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States), dated 9 February 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S.  
Code (USC), Section 1552 (b); 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 his character of discharge is improper because he does not feel 
his actions were equivalent to the adverse action taken against him.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 27 November 1978.  He 
served on active duty from 1 December 1978 through 1 April 1979.  He completed his 
initial active duty for training, was released from active duty, and was returned to the 
control of his USAR unit of assignment.

4.  Commencing in September 1980, the applicant failed to report for drill weekends, 
accrued over 20 unexcused absences, and was declared an unsatisfactory participant.  

5.  The applicant's unit commander initiated separation proceedings on 8 April 1981.  It 
appears his separation was finalized and approved; however, neither his separation 
processing documentation nor separation orders are available for review.

6.  Orders D-11-908848, issued by the U.S. Army Reserve Personnel Center 
(ARPERCEN), St. Louis, MO on 26 November 1984, discharged the applicant from the 
USAR effective 26 November 1984.  These orders cite the authority for his separation 
as Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted 
Administrative Separations) and show his service was characterized as UOTHC.

7.  The Board may consider the applicant's petition, his service record, and his 
statements in light of the published guidance on equity, injustice, or clemency.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his record of 
service, the multiple unexcused absences, the absence of a separation packet, the 
authority and reason for his separation and whether to apply clemency.  The Board 
found no evidence of in-service mitigating factors and the applicant provided no 
evidence of post-service achievements of letters of reference in support of a clemency 
determination.  Based on a preponderance of evidence, the Board determined that the 
character of service the applicant received was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XX	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 three 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 three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

3.  Army Regulation 135-178 provides policies, standards, and procedures governing 
the administrative separation of certain enlisted Soldiers of the Army National Guard of 
the United States and the USAR.  Chapter 13 (Unsatisfactory Participation in the Ready 
Reserve) provides:

	a.  A Soldier is subject to discharge for unsatisfactory participation when it is 
determined that the Soldier is unqualified for further military service because: 

		(1) The Soldier is an unsatisfactory participant as prescribed by Army Regulation 
135–91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and 
Enforcement Procedures), Chapter 4.

		(2) Attempts to have the Soldier respond or comply with orders or 
correspondence have resulted in:

		(a)  The Soldier’s refusal to comply with orders or correspondence.

		(b)  A notice sent by certified mail was refused, unclaimed, or otherwise 
undeliverable.

		(c)  Verification that the Soldier has failed to notify the command of a change of 
address and reasonable attempts to contact the Soldier have failed.

	b.  Discharge action may be taken when the Soldier cannot be located or is absent 
in the hands of civil authorities in accordance with the provisions of paragraph 2–18 and 
Chapter 3, Section IV, of this regulation.

	c.  Characterization of service normally will be under other than honorable 
conditions, but characterization as general (under honorable conditions) may be 
warranted under the guidelines in Chapter 2, Section III, of this regulation.

4.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets 
forth the basic authority for the separation of enlisted personnel.  

	a.  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.  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. A characterization of under 
honorable conditions may be issued only when the reason for the Soldier’s separation 
specifically allows such characterization.

5.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations.  Clemency 
generally refers to relief specifically granted from a criminal sentence.  Boards for 
Correction of Military/Naval Records 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 a discharge, 
which may be warranted on equity or relief from injustice grounds.  

	a.  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, Boards 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.  

	b.  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)	 AR20180007241


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20180007241


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ABCMR Record of Proceedings (cont)	AR20180007241


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