ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



	BOARD DATE:  13 September 2019

	DOCKET NUMBER:  AR20180007425


APPLICANT REQUESTS:  his undesirable discharge be upgraded to honorable

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:          
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 he was involved in a car accident during his enlistment, but his 
previous discharge was honorable.  He asks the Board to please change his 
undesirable discharge to an honorable, due to his mostly honorable service.  This was 
due to a mistake.  

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

     a.  He enlisted in the Army National Guard of the State of Washington (WAARNG) 
on 10 March 1975.

     b.  On 1 September 1975, having completed his individual training in his military 
occupational specialty, he was issued a DD Form 214 (Report of Separation from Active 
Duty) honorably releasing him back to the WAARNG.

     c.  He failed to participate satisfactorily with the WAARNG and was involuntarily 
ordered to active duty.  He reported to Fort Bliss, Texas on 28 February 1977 and Fort 
Lewis, Washington on 14 March 1977.  

     d.  On 25 April 1977, he received non-judicial punishment (NJP) for failing to go to 
his appointed place of duty.  His punishment included a reduction to Private/E-1, 
restriction for fourteen days, extra duty for fourteen days, and a forfeiture of seventy 
dollars.  All, but the forfeiture and ten days of extra duty were suspended for a period of 
sixty days. 

     e.  On 30 April 1977, the applicant was involved in a motor vehicle accident when the 
driver with whom he was riding lost control of the vehicle and struck a tree.  He suffered 
a “cerebral concussion.”

     f.  On 31 August 1977, charges were preferred against him for an absence without 
leave, beginning on 23 May 1977 and ending on 29 August 1977.

     g.  On 6 September 1977, in consultation with counsel, he submitted a “Request for 
Discharge for the Good of the Service.”  He acknowledged:  

*	his request was voluntary
*	the charges against him authorized the imposition of a bad conduct or 
dishonorable discharge
*	he did not desire further rehabilitation
*	he did not desire to perform further military service
*	he had been afforded the right to consult with counsel
*	if his request was accepted he may be discharged under other than 
honorable conditions and furnished an undesirable discharge certificate
*	he understood the possible effects of an undesirable discharge to include the 
loss of many or all Army benefits, ineligibility for many or all benefits 
administered by the Veterans Administration, possible deprivation of veterans 
benefits under both Federal and State law, and that he may encounter 
substantial prejudice in civilian life

     h.  Along with his “Request for Discharge for the Good of the Service”, he elected to 
submit a statement on his own behalf.

     i.  On 11 October 1977, consistent with the chain of command recommendations, the 
separation authority approved the applicant’s “Request for Discharge for the Good of 
the Service” and directed issuance of an undesirable discharge certificate and reduction 
to the lowest enlisted grade.

     j.  Orders, dated 14 October , indicate applicant was to be separated 
effective 21 October 1977 under the authority of Army Regulation (AR) 635-200 
(Personnel Separations—Enlisted Personnel), Chapter 10.   

     k.  The applicant’s available record is void of a DD Form 214 pertaining to this period 
of service.      

6.  There is no evidence applicant applied to the Army Discharge Review Board for an 
upgrade of his discharge.
7.  By regulation (AR 635-200), an individual facing court-martial for offenses the 
punishment for which included a bad conduct or dishonorable discharge could submit a 
request for discharge for the good of the service at any time after charges were 
preferred.  Individuals were normally to be furnished undesirable discharge certificates.

8.  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 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.  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 which led 
to the applicant’s separation, 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 (AR) 635-200 (Personnel Separations—Enlisted Personnel), in 
effect at the time, set forth the policy for administrative separation of enlisted personnel.  
Chapter 10 provided that an individual facing court-martial for offenses the punishment 
for which included a bad conduct or dishonorable discharge could submit a request for 
discharge for the good of the service at any time after charges were preferred.  
Commanders were directed to ensure that an individual was not coerced into submitting 
a request and were given at least seventy-two hours to consider the wisdom of such a 
request for discharge.  Consulting counsel were required to advise the member 
concerning the elements of the offenses charged, burden of proof, possible defenses, 
possible punishments, the provisions of Chapter 10, the requirement of voluntariness, 
the type of discharge normally given under Chapter 10, rights regarding the withdrawal 
of the request, the loss of Veterans Administration benefits, and the possibility of 
prejudice in civilian life because of the characterization of such a discharge.  The 
regulation also prescribed that an individual separated under Chapter 10 would normally 
receive an undesirable discharge certificate.

3.  AR 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, 
sets forth the basic policy 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.

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.
//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20180007425

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