ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20180008845


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions 
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
*	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 was told that after 6 months he could upgrade his 
characterization of service.  He admits that due to personal issues he made some bad 
decisions.  However, since then he has worked for the same company for 24 years and 
has maintained a clean record.

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

	a.  He enlisted in the Regular Army on 14 February 1975.

	b.  According to DD Form 458 (Charge Sheet), court-martial charges were preferred 
against the applicant on 19 September 1979 for being absent without leave from 
5 July 1979 to 7 September 1979.

	c.  He consulted with legal counsel on 19 September 1979, submitted a statement 
on his own behalf and subsequently requested discharge under provisions of Army 
Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 10 
(Discharge for the Good of the Service), in effect at the time.  He acknowledged:
*	he was guilty of the charge against him or of a lesser included offense which 
also authorizes the imposition of a bad conduct or dishonorable discharge
*	he did not desire further rehabilitation or desire to perform further military 
service
*	if his request was accepted, he may be discharged under other than 
honorable conditions and furnished an Under Other Than Honorable 
Discharge Certificate
*	he may ineligible for many or all benefits administered by the Veterans 
Administration and he may be deprived of rights and benefits as a Veteran 
under both Federal and State laws
*	he can expect to encounter substantial prejudice in civilian life because of the 
Other Than Honorable Discharge

	d.  Consistent with the chain of command’s recommendation, on 5 October 1979, 
the separation authority approved the applicant’s request for separation under the 
provisions of chapter 10, AR 635-200, Chapter 10 (Discharge for the Good of the 
Service), in effect at the time.

	e.  On 12 October 1979, he was discharged.  His DD Form 214 shows he was 
discharged with an under other than honorable conditions characterization of service.  
He completed 1 year, 11 months and 23 days of net active service with 64 days of lost 
time.  It also shows he was awarded or authorized the:

*	Good Conduct Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar
*	Driver Mechanic Badge

4.  By regulation, a member who has committed an offense or offenses, which includes 
a bad conduct or dishonorable discharge, may submit a request for discharge for the 
good of the Service.  A discharge under other than honorable conditions normally is 
appropriate for a soldier discharged for the good of the service.

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 (for example, from his place of employment for two decades).  Based upon the 
lengthy period of AWOL, as well as the failure of the applicant to provide character 
evidence to show that he has learned and grown from 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, provides for the separation of enlisted personnel.

	a.  Paragraph 1-13a (Honorable Discharge) is a separation with honor.  Issuance of 
an honorable discharge certificate is predicated upon proper military behavior and 
proficient performance of duty during the member’s current enlistment or period of 
obligated service with due consideration for the member’s age, length of service, grade, 
and general aptitude.

	b.  Paragraph 1-13b (General Discharge) states that 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.  Chapter 10 of this regulation provides procedures for separating soldiers who 
have committed an offense or offenses, UCMJ includes a bad conduct or dishonorable 
discharge, may submit a request for discharge for the good of the Service.  An under 
other than honorable discharge certificate is normally appropriate for a member who is 
discharged for the good of the service.

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)	 AR20180008845

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