ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180009672 APPLICANT REQUESTS: an upgrade of his general discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 (Report of Separation From Active Duty) * Letter of Appreciation, dated 14 June 1979 * Certificate of Completion, dated 23 August 1980 * Demotion Orders to PVT/E-2, #14-1, dated 12 September 1981 * SDNG Form 292 (Unexcused Absence From Unit Training Assembly) dated 14 September 1981 including certified mail receipt, dated 19 September 1981 * NGB Form 22 (Report of Separation and Record of Service) * NGB Form 22-1 (Request/Decline Coy of NGB Form) 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 joined the Army National Guard in May 1976 under the 4x2 program. He explains that after four years, he was informed his enlistment papers were incorrect and he was expected to complete the remaining two years left on his enlistment contract. 3. The applicant provides: a. A self-authored statement which explains, at the time, he was undergoing a divorce and he needed to move closer to his children. As a machinist he worked with an Engineer Group, however, he was then required to work in an artillery unit, in which he was not properly trained to work. He states that his “buddy” from basic training had his enlistment contract corrected and later the “4X2 Enlistment Option” was added to his enlistment contract. He feels that he served his time honorably and requests to change the character of service to honorable (see attached). b. A letter of appreciation for excellent service from Direct Support Maintenance. c. A letter that certifies the applicant completed the South Dakota Noncommissioned Offer Basic Course of Instruction, Class XVI on 26 July 1980. d. Demotion Orders, #14-1, to PVT/E-2 for inefficiency without prejudice, dated 12 September 1981. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard United States on 21 May 1976, under the buddy system and entered active duty for training on 2 January 1977. b. He was honorably relieved from active duty training on 3 April 1977 and transferred to the South Dakota Army National Guard. His DD Form 214 shows he completed 3 months and 2 days of active service. c. On 12 September 1981, his immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation (AR) 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel), Chapter 7-31, in effect at the time, for misconduct. 5. On 1 November 1981, he was discharged from the Army National Guard. His NGB Form 22 shows that he was discharged with a general characterization of service and issued an Honorable Discharge Certificate (256A). He completed 5 years, 5 months, and 10 days of service. He was reverted to United States Army Reserve to complete the remaining reserve obligation of 6 months and 20 days. 6. The applicant requested assistance from the Inspector General (IG) at the Office of the Adjutant General in having his general discharge changed to honorable discharge. On 14 June 2018, the IG provided documents for the applicant to present before the Army Board for Corrections of Military Records. 7. By regulation, an enlisted member is subject to discharge under the provisions of chapter 7 due to frequent incidents of a discreditable nature with civil or military authorities. A discharge under other than honorable conditions is normal unless the case warrants an honorable or general discharge. 8. 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 reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the documentary evidence submitted by the applicant and found within the military service file of the applicant, the Board found insufficient evidence to show that an error or injustice was present which warranted making a correction to the record. 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) 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel), in effect at the time, prescribes the policies, criteria, and procedures which apply to separation of enlisted members in the Army National Guard and United States Army Reserve. a. Paragraph 1-10 (Honorable Discharge Certificate, DD Form 256A) states an honorable discharge is a separation with honor. Issuance of an honorable will be conditioned upon proper military behavior and proficient and industrious performance of duty giving regard to the grade held and the capabilities of the member concerned. b. Chapter 7 of this regulation provides that when one or more conditions exists, such as frequent incidents of a discreditable nature with civil or military authorities, a soldier may be separated. A discharge under other than honorable conditions and General Discharge Certificate (DD Form 257A) is normal unless the case warrants an honorable or general discharge. 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. ABCMR Record of Proceedings (cont) AR20180009672 3 1