IN THE CASE OF: BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20180008994 APPLICANT REQUESTS: The applicant requests his characterization of service be changed to honorable and his narrative reason for separation be changed to Secretarial Authority. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record)•Applicant’s Declaration•Letter and brief from the Urban Justice Center Veteran Advocacy Center•Applicant’s Army Board for Correction of Military Records (ABCMR) Denial Record of Proceedings (ROP)•ABCMR ROP (Granting relief to another individual)•DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)•Diploma for the Transportation Specialist Course•DA Form 20 (Enlisted Qualification Record) (1 page)•Westchester Medical Center Progress Notes (x2), Discharge Plan, Summary, and Advertisement•Applicant’s picture after losing weight•Applicant’s Picture on a People Magazine Cover•Applicants Marriage Certificate•Statements of support from the applicant’s wife, brother, daughter, Ms. S, and Mr. R•Adoption Certificates (x2)•Associates Degree, for Hospital Management•Federal Bureau of Investigation (FBI)•Character References (x5)•Certificate of Recognition for New York State Chaplain Task Force FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the 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.Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2000038884 on 16 May 2000.3.The applicant states he was born in XX, on XXXXXX. He was the oldest of seven children. He was raised well, with good values, by a loving family. The town in which he was raised everyone knew each other. The town was diverse, and he and his siblings were taught not to judge people based on race.a.When he was about age 12, they moved to the XX, so that his parents could earn more money. His parents always taught him about the virtue of hard work. His parents were married for about fifty years, until his mother passed about 8 years ago from pancreatic cancer. He has also lost two sisters to pancreatic cancer. One of his brothers is in the Air Force, and one is in the Army. b. He enlisted while there was an ongoing draft. He was sent to Fort Dix, NJ for basic training, which he enjoyed and led him to believe that he would do well at his first unit. He was trained to be a transportation coordinator. It was a job that required creative thinking and problem-solving. c. He requested to go to Vietnam. It was one of the reasons he enlisted. He was disappointed to see that his first permanent duty station was Fort Eustis, VA. d. He was frustrated with his assignment, and felt like he was being of no use to anyone, so he began taking unauthorized absences. This was a mistake and he regrets it. He was young, immature, and shortsighted. He made decisions that negatively impacted both him and his unit. e. After his last period of unauthorized absence, upon his return to Fort Eustis, his commander told him that he could accept a discharge in lieu of a trial by court-martial, with a characterization of under other than honorable conditions (UOTHC). He told his commander that he did not want a bad discharge and his commander informed him that the UOTHC discharge would be upgraded automatically after 2 years. Years later, he found out this was not true. He accepted the discharge, and returned home to XX. f. His family has been the most important part of his life. He has been married for 24 years, and he and his wife have six combined biological children. They also have two young adopted children for whom they first became foster parents four years ago. The 10-year old has attention deficit hyperactivity disorder and autism and the 8 year old has autism. The development of both children has come a long way since they became their foster parents. The love that they all feel for each other as family has made him a better person. g. Unfortunately, he has encountered severe challenges in his life since his discharge, particularly regarding his health. In 2006, a hepatitis C infection began eating away at his body. He has always thought the most likely source of the infection was the jet guns that military medical personnel used to inject him with various vaccinations during basic training. He recalls at one point lining up with other Soldiers while a military medical official walked down the line injecting each Soldier. There was no attempt to sterilize the jet guns between each use. This makes the most sense as the source of the hepatitis C infection, as he has no tattoos and has never used intravenous drugs. The infection caused his ammonia levels to increase substantially. It affected his brain, and he was unable to function normally. His ability to recognize individuals wore away, and he could not communicate with anyone. His skin and eyes became jaundiced, and his liver began to resemble Swiss cheese. h. Initially he was hospitalized at Montefiore Medical Center and he lost substantialweight. He went from about 220 pounds to 110 pounds. The doctors had little hope that he would survive. Therefore, he left and went to the Albert Einstein Medical Center where the doctors took much more interest in his situation. The staff there moved him to Westchester Medical Center and within 3 weeks, he had a matching liver for a transplant. He believes he was able to find a matching liver so quickly, because so many people were praying for him. “God had my ticket.” Unfortunately, this was only a temporary fix. In 2013, he required additional transplants. He lost a lot of weight again and almost died. Back at Westchester, he received a kidney and liver transplant after about a three-month wait. He feels fortunate to be healthy today. He works hard to keep his body in good condition. He eats healthy, limiting most of his diet to fish and vegetables with little red meat. i. Volunteering has always been a cornerstone of his life. It has taken on a more significant role since he began suffering from hepatitis C. He hopes that others can learn from his struggles. He continues to work at Westchester, assisting individuals who are waiting to receive a transplant and those who have just received transplants. He also provides guest lectures at the hospital, where he presents his story and inform others what it is like to undergo multiple transplant surgeries. j. He is an active volunteer at Church , where he helps with odd jobs around the building. He paints, clean, and provide repairs to the facilities when he can. He also leads a prayer and mentorship group for men, in which he teaches men how to live full lives, including by being good fathers, brothers, husbands, and community members. k.Up until he became too sick to work in 2006, he was fortunate to always havesteady employment. In the years immediately following his discharge, he worked at a factory, as a file clerk, and in general maintenance at a commercial contractor. l.In 1980, he began working at Rockland State Hospital as a therapy aide. He wasfortunate to meet his wife while working at Rockland. After leaving the hospital, which shut down eventually, he worked various jobs until 1994, including a job at Happy Care Ambulate Service. From there, he worked at Plus One Fitness. In that position, he worked on installing fitness centers in various hotels and corporate buildings. Upon completion of the fitness centers, he and his staff would maintain them. He had a staff of 56 employees who reported to him while working at Plus One. m.After leaving Plus One Fitness, he worked as an ambulance driver, first for theRed Cross, and then for smaller New York-based companies. Currently, he has a small business, in which he sells jewelry and clothing to retail customers. n.In addition to working, he has consistently sought to further his education. In2006, he graduated from Monroe College with a combined degree that gave him both a high school diploma and an associate's degree in business administration and culinary arts. In 2018, he received a chaplain certification. 4.The applicant provides a brief and letter from the Urban Justice Center VeteranAdvocacy Center, which requests prior to the ABCMR's" consideration of the applicant’scase, please furnish that organization all advisory opinions case summaries, staff briefs,memoranda, military or civilian investigation reports, and all other relevantorganizational information obtained or prepared for use and consideration by theABCMR in the applicant’s case. Upon receipt of this material it will be determinedwhether a rebuttal will be submitted. This request is made pursuant to the Freedom ofInformation Act. The Urban Justice Center also provides brief, which states in: a.Introduction — The applicant enlisted in the Army at age 17. He did well in basictraining, and was excited for a potential career in the Army. He ultimately did not receive the assignment he wanted (Vietnam), being young and immature, he left his unit. He deeply regrets the decisions he made and the path he took when he arrived at his first unit. (1)He has led an exemplary life, despite immeasurable challenges, he is adevoted family man, having raised a loving family that includes two adopted special needs children. He is a certified chaplain, and volunteers in numerous capacities at his church, he also mentors groups at the hospital where he has received care. (2)He was consistently employed after his discharge, until a hepatitis C infectionlinked to vaccinations from his time in the service began to eat away at his liver and kidneys. He fought that disease intensely, and after having survived a near-death experience and two transplant surgeries has used his experience to encourage others to do the same. (3) Unfortunately, Mr. B’s discharge status still follows him. Despite 46 years of commendable post-service actions, his characterization and narrative reason for separation serves as a lifetime sentence, clouding his achievements with shame. While he accepts responsibility for his actions, he deserves to move on from his youthful mistakes. The ABCMR has the ability to remove this taint, as it has done for veterans with similar stories. He respectfully requests that the Board upgrade his discharge characterization to “honorable” and change his narrative reason for separation to “Secretarial Authority.” b. Issues — His discharge characterization and narrative reason for separation are unjust. His exemplary post-service life establishes that his in-service actions were not representative of his character. The characterization of service and narrative reason for separation have operated as a life sentence. c.Statement of Facts: (1)Preservice Life — He had a happy childhood. His father worked as a factoryforeman at a plant that assembled washing machines, and his mother worked as a dietician at Rockland Psychiatric Center. His parents impressed upon him the importance of living a virtuous life, and he enjoyed a measure of stability that many families lack. (2)Military Service — He attended basic training at Fort Dix, New Jersey. Heexcelled during basic, and knew he would succeed once he arrived at his first unit. Although he generally enjoyed basic training, he does recall one unpleasant incident in which he and numerous other Soldiers formed a line, and received multiple injections from a jet gun vaccination device. The medical staff administering the vaccinations did not sterilize the equipment between each use. While seemingly innocuous at the time, these actions haunted him decades later. (3)He attended advanced individual training at Fort Eustis, VA, where he learnedto be a transportation coordinator. Once again, he did well in his training, and appreciated being in a job that involved both intellectual and physical challenges. (4)He requested to go to Vietnam immediately after graduation from advancedindividual training. Despite the stories he had heard from Soldiers returning from the war, he believed he could best serve his country overseas, and he volunteered to deploy. However, he ended up staying at Fort Eustis, leading him to feel discouraged. (5)He readily admits that he did not deal with the situation appropriately. Hewas immature and frustrated with assignments, as such, he began taking unauthorized absences and decisions he now regrets. After his final period of unauthorized absence, his commander informed him that he would be subjected to a court-martial unless he accepted an under other than honorable conditions discharge. d.Post Service Life — Since his discharge, he has managed to lead an impressivelysuccessful life, despite the stigma associated with his discharge characterization. Unfortunately, he has also fought for many years against a deadly disease. e.Hepatitis C Infection — He has struggled with a chronic hepatitis C infection forthe last 12 years. The disease has led to two transplant surgeries. He likely contracted the disease while serving. (1)The disease began to ravage his body in 2006. His ammonia levelsincreased dramatically. The infection affected his brain, and he could not function normally. He did not recognize individuals and could not communicate with anyone. His skin and eyes jaundiced, and the infection caused his liver to resemble Swiss cheese. He lost substantial weight during his first bout with hepatitis C; he dropped from a healthy 220 pounds to an emaciated 110 pounds. (2)He has since undergone two transplant surgeries. Despite the many years oftaxing physical ailments and recovery, his dedication to his health, family, faith, and community has never wavered. With the love and support of those around him, he pushed through the disease and its consequences, and he is now healthy. This is in part because of his own choices. (3)He was never a heavy drinker, he quit alcohol entirely prior to his firsttransplant. He exercises regularly and eats healthy, with an emphasis on fish and vegetables and little red meat. Westchester Medical Center, where he underwent his transplant surgeries, has been exceedingly proud of his case, and has even used his picture and story in full-page advertisements in People magazine, calling his survival “miraculous.” (4)A possible, even likely source of his infection are the “jet guns” the Armyused to inoculate him and thousands of other Soldiers. The medical personnel providing his vaccinations did not properly sterilize the jet guns between each use. He recalls standing in a line with dozens of other Soldiers who received vaccinations from the same jet guns. He attests that he has no tattoos and has never used intravenous drugs, removing other standard methods of hepatitis contraction. Numerous sources have reported on the link between vaccinations in the military and hepatitis C, particularly amongst veterans who, like him, served during the Vietnam era. f. Family Life — His family is paramount to him. He and his wife have eight children, including two adopted children with special needs. His oldest daughter discusses how devastating his illness was on her and the family, stating she could not “imagine life without her dad. g. Professional Life — Since his discharge, and despite the hurdles that his discharge characterization presents, he has had a productive, professional life. It has been important to him to get past the stigma of his discharge and to contribute to his community. Accordingly, until he became sick and could no longer work, he had full-time employment since leaving the military. (1) He is very passionate about all tasks he is assigned. Given his history as a reliable individual, he will excel in at any task he undertakes. He would be an asset to any organization. (2) Currently, he has a small business, in which he sells jewelry and clothing to retail customers. For most of the 1990s, he worked for Plus One Fitness in a high-level managerial position, a position in which he had dozens of people who directly reported to him overseeing the installation of fitness centers in various hotels and corporate buildings . Prior to his time at Plus One Fitness, he was a therapy aide at Rockland State Hospital. It was during his time at Rockland State Hospital that he met his wife, who was also an employee. (3) He completed a four-year program at Monroe College, while working full time. Upon graduation, he received both his high school diploma and an associate’s degree in applied science and hospitality management. h. Volunteering and Citizenry — He takes his role as a citizen seriously. Since his discharge, he has not had significant issues with the law. Other than one misdemeanor in 1979—for disorderly conduct—he does not have any post-discharge criminal history. For many years, he volunteered with the Faith Covenant Christian Church in New Rochelle, New York, including by serving as a deacon and trustee for the church. The church’s Senior Pastor (Pastor Smart) submitted a statement on his behalf, speaking of the impressive dedication that he had to the church and its membership. (1) The senior pastor states upon joining [the church] and after much training, faithfulness and commitment he was elected trustee and deacon of the church. He took responsibility and leadership over every task that was set before him. He demonstrated leadership, loyalty, and love to not only his family, but to the community that he served. He is trustworthy and lives his life with integrity. He could not only handle the fiduciary responsibilities of the church, but he cared for the members of the church and community with the same grace. The senior pastor closes the letter by noting that she “stand[s] as a witness of the power of God as demonstrated in the life of the applicant. He took this passion for volunteering and leadership to his current church. (2) The applicant took his passion for volunteering and leadership to his current church. Deacon, B provided a statement discussing the active role that the applicant adopted in his church, Ecclesia Church in the Bronx. He became the leader “of group projects” that include “painting, repairing, and cleaning the entire church building. He also notes that he has used his passion for the culinary arts to “raise money for the maintenance department by cooking and selling meals.” This deacon calls the applicant “a pleasure to work with” and “a gift to others.” (3) Mr. C, an associate pastor at Ecclesia, also attests to the positive impact the applicant has had on the church. He states the applicant “has been a member of Ecclesia Word Ministries over 15 years and been serving on the Church Leadership Team for the past 3 years.” (4) Mr. C notes the applicant is very dedicated to maintaining the church building as part of the maintenance ministry, and is very diligent in interacting positively with men within the church, as well as within his local community. (5) The applicant has recently sought to give even more to his church. He has undergone extensive training from the State of New York Chaplain Task Force, a non-profit organization that trains volunteer chaplains “to provide spiritual and emotional support and assistance to individuals and their families, local [and] State agencies, as well as public and private institutions, in times of crisis. In 2018, the applicant became a certified chaplain. (6) In addition to the dedication the applicant has shown to his neighborhood, he has continued the work at Westchester that he began when he was sick. He mentors sick patients who are waiting to receive a transplant, as well as those who have just received transplants. He also gives lectures at Westchester about his experience with transplant surgeries. (7) Numerous individuals at Westchester submitted statements about the positive impact of the applicant has had on other Westchester patients. They speak of how he turned the intense trauma he endured during his near-death experience with hepatitis C into an inspirational story for others. Ms. G, one of the transplant social workers with whom the applicant has worked, states that he is “an excellent motivational speaker for fellow transplant patients and for hospital staff members.” Mr. C, another social worker, calls the applicant, “an inspirational brother, a man of the people, who “made a career of counseling mental health patients.” The applicant’s wife notes that, while he was on the verge of death, he “was always praying for other patients and encouraging them, especially the patients who had no family. (8)The applicant has led an exceedingly accomplished life; a life of truly selflessservice. Despite all of the volunteering and paternal care he shows to everyone around him, he feels the shadow of his discharge characterization following him. Accordingly, he now seeks to upgrade that characterization and to alter the narrative reason for his discharge. i.Argument — The ABCMR has the authority to upgrade a veteran’s dischargecharacterization and to change his narrative reason for discharge based on the veteran’s total capacity to serve at the time of the discharge, and based on the veteran’s post-service conduct. Both of these factors counsel in favor of changing records. His behavior at the time of his discharge is not indicative of who he is as a person. His choices throughout his life show that he is a dedicated family man and public servant. Accordingly, the discharge characterization and accompanying stigma serve as an unjust punishment. He respectfully requests that the ABCMR upgrade his discharge and change his narrative reason for discharge. (1)In the interest of justice, the ABCMR should excuse the applicant’s failure tofile within the 3-year statute of limitations. As a general matter, a veteran requesting a records correction should file an application “within 3 years after discovering the error or injustice.” However, the ABCMR “may excuse a failure to file within 3 years after discovery if it finds it to be in the interest of justice.” The applicant respectfully requests that the ABCMR waive the 3-year statute of limitations. This is the first time that he has been able to retain legal representation in his attempt to upgrade his discharge. The ABCMR has waived the statute of limitations in the interest of justice when an applicant has retained counsel. Moreover, the ABCMR commonly waives the 3-year statute of limitations for applications based on meritorious arguments. The applicant’s case deserves a decision on the merits. (2)The applicant’s discharge characterization and narrative reason for dischargeare unjust, as an examination of his capacity to serve at the time of his discharge, combined with his exemplary post-service life, shows that his actions was not representative of his character, and the discharge has operated as a life sentence. His discharge characterization has operated as a de facto lifetime sentence for behavior that is not reflective of his character or his dedication to public service. As an initial matter, he does not contest that he acted improperly when he arrived at his unit after basic training. He has been deeply ashamed of his actions and his discharge characterization, and the stigma has followed him both professionally and personally for the last 46 years. He has matured immeasurably since that time, as evidenced by his contributions to his community and family. (3)The ABCMR frequently has determined that exemplary post-service life cancause a less-than honorable discharge to be unjustly harsh, particularly when the discharge occurred while the service member was young. For example, in Docket Number AR20100026722, a case with startlingly similar facts to those of the applicant. The ABCMR upgraded this individuals’ discharge characterization based on 46 years of “good post-service conduct.” The ABCMR noted the applicant was 17-years-old when he enlisted. The Board noted that he “did well throughout his initial entry training.” However, upon arrival at his first duty station, he accumulated multiple NJPs over the course of first 6 months, resulting in an expedient discharge with a characterization of “undesirable.” (4)In Docket Number AR20100026722, the ABCMR focused on that applicant’sconduct since his discharge. The Board decided the applicant’s positive contributions to society “as a good husband, father, neighbor, and citizen,” as evidenced by “the letters of recommendation which he provided with his application,” justified an upgrade. The Board spent almost no time addressing the applicant’s shortcomings as a Soldier, merely noting the reason for his sudden decline in deportment was unknown. The Board’s reasoning in determining the upgrade was not unique to this case, as numerous other ABCMR decisions cites an applicant’s exemplary post service life in granting a discharge. (5)The applicant was age 17 at the time of his enlistment, similarly he has livedan exemplary life for 46 years. A few individuals in any community are willing to give back as much as the applicant has. He has been a committed father to a strong family, and adopted special needs children to provide them with a better life. He has consistently volunteered with organizations that help his community, and recently has become a certified chaplain, seeking to volunteer his time and effort to assist those in need. Finally, he has overcome a life-threatening, chronic disease, and used his story to inspire others to do the same. The other-than-honorable characterization of service that he received serves as a lifetime sentence for a series of actions that is not reflective of his character. The Board should recognize that 46 years of punishment is unjust, and, accordingly, should upgrade his discharge and change his narrative reason for discharge. (6)He requests a personal hearing — The ABCMR has the authority torecommend a hearing when appropriate in the interest of justice. Though the ABCMR rarely grants a personal hearing, the applicant formally requests a hearing to give the ABCMR the opportunity to address any questions left unanswered by his application and the Board’s own records review. (7)Conclusion — The applicant has led a life that serves as an example to thosearound him. His family, friends, coworkers, and caregivers look to him as an inspiration. Unfortunately, this has not been enough to move past the lifelong stain that his discharge caused. The Board has the authority to remove this stain. It can recognize that the circumstances surrounding his discharge were an aberration. After 46 years, the continuing harm caused by his discharge status is unjust. Accordingly, he respectfully requests that the Board upgrade his discharge characterization to “honorable” and change his narrative reason for discharge to “Secretarial Authority.” 5.He also provides: a.An ABCMR ROP, granting relief to another individual. However, that individualdid not voluntarily request discharge under the provisions of AR 635-200, chapter 10, to avoid a possible felony conviction. He was discharged under AR 635-208, for unfitness, because reasonable attempts to rehabilitate or develop the individual to be a satisfactory Soldier were unlikely to succeed. b.Diploma for completion of the Transportation Specialist Course and anAssociate’s Degree, for Hospital Management. c.Westchester Medical Center Progress Notes, Discharge Plan, and a Summary,which show the applicant was admitted to the hospital from 19-22 February 2013. He was age 59 with a history of hepatitis C, cirrhosis, S/P liver transplant in 2006, with recurrent hepatitis C in 2012. ·He was discharged from the hospital on 8 February 2013 and he was initially admitted at that time. He was diagnosed as “AFB·positive” in his sputum and his broncboalvcolar fluid, and he was diagnosed with some pulmonary nodules on the CAT scan. However, he was discharged because the PCR was negative for AFB. So he reported to Dr. Bodin's office and his creatinine had bumped from 1.5 to 2.52, and he also gave a history of increased lethargy and of diarrhea the past week. ·After that he was feeling a bit lethargic and dehydrated. d.Certificate of Recognition for New York State Chaplain Task Forcee.Statements of support from his wife, brother, daughter, Ms. S, and Mr. R(1)The applicant’s wife explains how the applicants liver was failing and how steadfast he stood in his faith. He believed that God had the last say. Even though he was very ill himself, he continued to encourage, visit and pray for others who had no family members or visitors. He spends most of his time between his family, the church, and the hospital volunteering where he can. Prior to getting ill, he stayed in the gym and ate healthy. He was so ill that he did not recognize her or his family and it was very frightening for her. But she believes nothing is too hard for God and she requests that the Board help her husband. She provides several pictures of him after losing weight, pictures of the staff at the hospital that saved him, and pictures of him on the cover of People Magazine describing how Westchester Medical Center saved his life. (2) Mr. B states the applicant is his eldest brother and they share an unbreakable bond. The applicant loves unconditionally and he has taught him to value people and accept and love them as they are regardless of the circumstances. (3) Ms. P, his daughter states her dad is her closest friend, he has been her protector throughout her life, encouraging and guiding her and giving her the space to grow and make her own decisions. She demands justice for her dad, she believes he needs to be compensated. Nothing can make up for the pain and suffering that he has endured and nothing will ever return his quality of life. He will be on medication for the rest of his life unless the Lord says otherwise. She does not believe the proper sanitation techniques for injecting people were adhered to for whatever reason. This is unacceptable and for him not to be compensated and set up for the remainder of his years is nothing less than a travesty. She is not bitter because through this great trial her family has grown stronger. As a result of her dads new lease on life, he has a renewed vitality and· a renewed passion for life and people. He has a great heart for those who are going through similar life threatening situations and actively volunteers at the hospital where the Lord used the doctors to save his life. He encourages those who are sick and he is always willing to share his personal testimony to everyone that he comes across to encourage them to value life and live for the Lord. He has spearheaded a men's prayer group at their local church and takes initiative to encourage men of all ages especially in all walks of life in their faith and lives to live better. He has shared his testimony in infomercials and in a special edition of People magazine. She believes regardless of how brief the period of his service it is unjust that he is not recognized and compensated as a veteran. He has suffered greatly because of the military infecting him through negligence. Yet he maintains a positive attitude and thankfulness despite everything. What a great role model! In conclusion, she states, if anyone is worthy of representation and fighting for, it is her dad. If anyone has more than earned compensation for wrongful suffering, it is her dad. (4) Ms. S, a Healthcare Integrator, Catholic Guardian Service states she has known the applicant almost 5 years while working with him and his family as his foster child's Social Worker. The applicant is a very patient and kind person and works well with his foster children in helping them to achieve their goals. His expertise in being positive is a huge advantage to his autistic child who is making an effort to repeat words. He is an asset to the Catholic Guardian Service B2H Program. (5) Mr. R states the applicant was employed with Citywide Mobile Response(Ambulance Service) from 2004 to 2006, as a motor vehicle operator. He distinguished himself as kind, caring, motivated individual who was knowledgeable of his field. He is reliable and very passionate about any task he is given. He would be an asset to any organization. 6.Additionally, he provides five character references:a.Mr. S, Senior Pastor, Faith Covenant Christian Church states he has known the applicant over 20 years. The applicant is a man of integrity and of exemplary character. He has dealt with him both professionally and personally. He has been the Pastor and Co-founder of Faith Covenant Christian Church, since 1994. In 1995, the applicant and his family became members of this church. However, he knew the applicant prior to cofounding this church they both belonged to another church. After much training, faithfulness, and commitment the applicant was elected Trustee and Deacon of the church. He took responsibility and leadership over every task that was set before him. His faith made every task appear effortless. He is trustworthy and lives his life with integrity. He could not only handle the fiduciary responsibilities of the church, but he cared for the members of the church and community with the same grace. He was a leader in the most challenging areas of the church. He has the heart of an evangelist. He was careful to assure individuals and groups that he led, that they had hope. He used his life and testimony as an example that nothing is impossible. He is proud of the applicant and he stands as a witness of the power of God as demonstrated in the life of the applicant. He is honored and grateful to be called upon to vouch for the character of the applicant as a former member, friend, and now colleague in the work of the Ministry. b. Mr. B states, he has known the applicant for 10 years while deacon and immediate supervisor of the Maintenance and Security Departments at Ecclesia Church, involved in the safety and maintenance of the church building ensuring the sanctuary, conference rooms, eating areas, and bathrooms were safe. The applicant demonstrates the qualities that you look for in an individual. The applicant is a pleasure to work with, has a great personality which is funny and quite amusing. The applicant is hard working, punctual, and gifted in dealing with people. The applicant’s life is balanced, his marriage, and his faith in God. He networked with others under nerve-wracking deadlines with daunting tasks before (and after) major conferences. The applicant is a natural born leader, strong, sensitive, outgoing, respectful, and concerned about the welfare of others. The applicant is respectful, his friend, and a gift to others. c. Pastor C states the applicant is very dedicated to maintaining the church building as part of the Maintenance Ministry. He is also very diligent in interacting positively with men within the church, as well as within his local community. He has grown tremendously over the past years and is an example of a true servant of God as he constantly exhibits compassion and sacrifice for others. He is a great asset to Ecclesia Word Ministries. d. Ms. G states as the liver transplant social worker at Westchester Medical Center, she has known the applicant and his wife since January 2007. The applicant had a liver transplant in 2007, and a subsequent dual organ liver/kidney transplant in 2013. He has been consistently highly motivated and has exhibited compassion and empathy toward other patients and persons with both health issues and emotional needs. He is a dedicated foster father and has worked with special needs children in his home. After his first transplant he returned to school and achieved his college degree. He is a life coach minister in his church. She has personally, had the pleasure of working with him in several large transplant events held at Westchester Medical Center where he was an excellent motivational speaker for fellow transplant patients and for hospital staff members. He also recently completed volunteer training at Westchester Medical Center and donates his time to the hospital encouraging patients waiting for transplant as well as for those that have been transplanted. e. Mr. C states the applicant is a dedicated father, an inspirational brother, and aman of the people. The applicant recently went through a liver/kidney transplant and has recovered fully after that surgery through the grace of God. He made a career of counseling mental health patients for over 10 years. Now in his retirement years he is a foster parent to two brothers, age 8 and 10. He has welcomed them into his home with an open heart and is raising them with core values. He leads a youth fellowship group at his local church and volunteers his time at Westchester Medical Center giving back to people who need spiritual healing in their time of need. 7.On 30 January 1971, at age 17, the applicant enlisted in the Regular Army (RA) for 2 years with parental consent. He It appears he was awarded military occupationalspecialty 71N Transportation Movement Specialist). 8.He accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of MilitaryJustice (UCMJ) on: a.24 September 1971, he accepted NJP under the provisions of Article 15, UCMJ,for being absent without leave (AWOL) from his appointed place of duty on 20 September 1971. The punishment imposed was a forfeiture of pay, reduction from private/E-2 to private/E-1 (suspended), and 14 days extra duty. b.On 15 November 1971, he accepted NJP for being AWOL from 21-26 October1971. The punishment imposed was a forfeiture of $71 pay (suspended for 2 months except to provide for a forfeiture of $10 for 1 month), and to perform 5 days of extra duty and restriction at the Army Personnel Control Facility (PCF). On 16 November 1971, an appeal provided for a forfeiture of $61 pay for 1 month, and extra duty and restriction at the PCF for 4 days were remitted. c.On 8 December 1971, he accepted NJP for being AWOL from 6-7 December1971. The punishment imposed was a forfeiture of $45 and 7 days of extra duty. d.On 6 March 1972, he accepted NJP for being AWOL from 14 February-2 March1972. The punishment imposed was a forfeiture of $75 pay for 2 months, and 15 days of extra duty. 9.On 4 April 1972, the applicant departed his unit in an AWOL status. An FBI Reportshows the applicant was arrested by civil authorities on 25 April 1972 and charged withcriminal possession of a dangerous weapon. 10.A DA Form 268 (Report for Suspension of Favorable Personnel Actions) show on 26 April 1972, the applicant’s status was changed from AWOL to arrest andconfinement by civilian authorities. He was picked up for carrying a concealed weapon. He was expected to return to military control on 15 May 1972. 11.On 13 May 1972, the applicant again departed AWOL and remained AWOL he wasreturned to military control at Fort Dix, New Jersey on 2 November 1972. 12.A Charge Sheet, dated 7 November 1972, shows he was charged with beingAWOL from 4-23 April 1972 and from 13 May-3 November 1972 (in effect 2 November1972). Court-martial charges were also preferred against him for these periods ofAWOL, which are no longer in the available record. 13.On 14 November 1972, the applicant voluntarily requested discharge for the goodof the service in lieu of trial by court-martial under the provisions of AR 635-200Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of theService). He consulted with legal counsel and was advised of the basis for the trial bycourt-martial, his available rights, and the basis for voluntarily requesting dischargeunder the provision of AR 635-200, chapter 10. He signed a request for discharge forthe Good of the Service and indicated he would not submit statements in his ownbehalf. 14.The applicant’s immediate and intermediate commanders recommended approvalof his request with an Undesirable Discharge Certificate. It was also recommended thatif his request for discharge was denied that the case be returned for court-martial action. 15.On 9 December 1972, the appropriate approval authority approved the applicant’srequest for discharge for the good of the service and directed that he be furnished anUndesirable Discharge Certificate. 16.On 20 December 1972, he was discharged accordingly. His DD Form 214 showshe completed 1 year, 9 months, and 2 days of net active service with 236 days of losttime. Additionally, his DD Form 214 shows: .Character of Service: “Under Conditions Other Than Honorable” .Reason and Authority: AR 635-200, Chapter 10, Separation Program Number(SPN) 246 [Discharge for the good of the service] .Authorized Awards: National Defense Service Medal 17.AR 635-200 states a discharge under the provisions of chapter 10 is a voluntarydischarge request in-lieu of trial by court martial. In a case in which an UOTHCdischarge is authorized by regulation, a member may be awarded an honorable orgeneral discharge, if during the current enlistment period of obligated service he hasbeen awarded a personal decoration or if warranted by the particular circumstances of aspecific case. 18.Army Regulation 635-200 sets forth the basic authority for the separation of enlistedpersonnel. Paragraph 5-3 states the separation of enlisted personnel under thisparagraph is the prerogative of the Secretary of the Army. Ordinarily, it is used when noother provision of this regulation applies. Such authority may be given either in anindividual case or by an order applicable to all cases specified in such order. 19.Regarding the applicant’s contention that his characterization of service should bechanged to honorable and his narrative reason for separation should be changed toSecretarial Authority. He was discharged under the provisions of chapter 10, AR 635-200, (SPN) 246 [Discharge for the good of the service] with an UOTHCdischarge. An UOTHC discharge is generally appropriate based on this regulation. Ordinarily Secretarial Authority is used when no other provision of the regulation applies. 20.In regards to the applicant's request for a personal appearance, AR 15-185, statesan applicant is not entitled to a hearing before the Board; however, the request for ahearing may be authorized by a panel of the Board or by the Director of ABCMR. 21.Regarding his contention that he was told his discharge would be upgraded in 2 years. The Board decides each case individually upon its own merits. The U. S.Army does not have, nor has it ever had, a policy to automatically upgrade discharges. 22.Regarding the applicant’s contention that his discharge should be upgradedbecause he was young and immature at the time he served. Records show that he wasage 17 at the time he enlisted. However, there is no evidence that indicates he was anyless mature than other Soldiers of the same age who successfully completed militaryservice. BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records, regulatory requirements, and published DoD guidance forconsideration of discharge upgrade requests. The Board considered the applicant’sstatement, his record of service, the frequency and nature of his misconduct, and thecharacter and reason for his separation. The Board noted that the applicant had the benefit of counsel, and that by his signature he understood his rights and the consequences of discharge in lieu of court-martial, and that he voluntarily requested discharge under AR 635-200, chapter 10, in lieu of trail by court-martial. The Boardnoted the facts presented above.2.The Board considered the applicant's statement and supporting documentspertaining to post-service achievements and conduct. As a matter of clemency, theBoard found that partial relief is warranted. The applicant’s character of serviceshould be upgraded to general under honorable conditions in part because of overallservice. The Board did not find that the quality of his overall service nor his post- service record sufficiently meritorious to warrant a fully honorable character of service due to his periods of AWOL nor to grant his narrative reason for separation be changed to Secretarial Authority. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : GRANT FULL RELIEF :XXX :XX GRANT PARTIAL RELIEF : : GRANT FORMAL HEARING : :XXX : : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the overall merits of this case are sufficient to warrant arecommendation for relief. Accordingly, the Board recommends that the applicant’scharacter of service for the period of service ending 20 December 1972 be changed togeneral under honorable conditions. 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains changing the applicant’s character of service to honorableand changing the narrative reason for separation to Secretarial Authority. X CHAIRPERSON 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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so. 2.AR 15-185 (ABCMR) prescribes the policies and procedures for correction of militaryrecords by the Secretary of the Army, acting through the ABCMR. The ABCMR willdecide cases on the evidence of record. Applicants do not have a right to a hearingbefore the ABCMR. The Director or the ABCMR may grant a formal hearing wheneverjustice requires. 3.AR 635-200, in effect at the time, set forth the basic authority for the administrativeseparation of enlisted personnel. a.Chapter 10 stated a member who was charged with an offense or offenses forwhich the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt. Although an honorable or general discharge was authorized, an UOTHC discharge was normally issued to an individual who was discharged for the good of the service. b.An honorable discharge was a separation with honor and entitled the recipient tobenefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate. c.A general discharge was a separation from the Army under honorable conditions.When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. d.An UOTHC is an administrative separation from the service under conditionsother than honorable. It may be issued for misconduct. In a case in which an UOTHC is authorized by regulation, a member may be awarded an honorable or general discharge, if during the current enlistment period of obligated service he has been awarded a personal decoration or if warranted by the particular circumstances of a specific case. 4.On 25 July 2018, the Under Secretary of Defense for Personnel and Readinessissued 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. a.This guidance does not mandate relief, but rather provides standards andprinciples 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, 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. b.Changes to the narrative reason for discharge and/or an upgraded character ofservice 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//