ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 June 2019

	DOCKET NUMBER:  AR20180011191


APPLICANT REQUESTS:  an upgrade of her under other than honorable conditions discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Birth Certificate

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 she informed her first sergeant that she was expecting a child and wanted to start the process to be discharged because she needed to take care of her child.  The applicant continued to communicate to the leadership but after no response she decided to go absent without leave (AWOL) to her grandmothers for support and to help with raising her child.  The applicant realized she had made a mistake and turned herself in and would like to correct her mistakes and ask for an upgrade of her under other than honorable conditions discharge and is a great mother, wife, and grandmother.

3.  The applicant provides her birth certificate which shows her maiden name.

4.  A review of the applicant’s service records shows:

	a.  She enlisted in the Regular Army on 11 June 1986.

	b.  Court-martial charges were preferred on the applicant on 12 January 1987.  Her DD Form 458 (Charge Sheet) indicates she was charged with one specification of being AWOL from 12 December 1986 to 6 February 1987.
   c.  She consulted with legal counsel on 11 February 1987 and subsequently requested discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service).  She acknowledged:
   
* the maximum punishment
* she was guilty of the charge(s) against her or of a lesser included offense
* if her request was accepted, she may be discharged under other than honorable conditions and furnished an Under Other Than Honorable Discharge Certificate
* if approved, she would be deprived of many or all Army benefits
* she may be ineligible for many or all benefits administered by the Veterans Administration, and that she may be deprived of her rights and benefits as a Veteran under both Federal and State law
* she may expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge

   d.  Consistent with the chain of command’s recommendation on 20 February 1987, the separation authority approved the applicant’s request for discharge for the good of the service.  He directed an under other than honorable conditions discharge.

   e.  She was discharged from active duty on 10 March 1987 under the provisions of AR 635-200, Chapter 10 with an under other than honorable conditions characterization of service.  Her DD Form 214 shows she completed 7 months and 6 days of active duty service with lost time from 12 December 1986 to 5 February 1987.  It also shows she was awarded or authorized:

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  By regulation, an individual who has committed an offense or offenses, the punishment for which includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service.  An under other than honorable conditions discharge will normally be furnished an individual who is discharged for the good of the service.

5.  In reaching its determination, the Board can consider the applicant’s petition and her service record in accordance with the published equity, injustice, or clemency determination guidance.





BOARD DISCUSSION:

After review of the application and all evidence, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined there is insufficient evidence to grant relief.  Based upon the short term of service completed prior to the lengthy AWOL offense, the Board concluded that the characterization of service received at the time of separation was warranted.

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 Separation – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor.  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.  Paragraph 3-7b (General Discharge) states 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 states an individual who has committed an offense or offenses, the punishment for which 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 normally is appropriate for a member who is discharged for the good of the Service.  However, the separation authority may direct a General Discharge Certificate, if such is merited by the member's overall record during the current enlistment.

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 (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. 


ABCMR Record of Proceedings (cont)	 AR20180011191


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