ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  17 July 2019

	DOCKET NUMBER:  AR20180011508


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)
*	Certificate of License
*	New Orleans Baptist Theological Seminary
*	Certificate of Ordinations
*	The Baptist College of Florida
*	The Dr. Elroy Barber Denominational Award
*	Letter from the Grace of God Baptist Church (self-authored statement)

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, in effect, 

   a.	His misconduct was an isolated incident in 24 months.  Aside from that, he has 
never gotten into any trouble.  He did not take it to court-martial nor did he have an 
attorney when the alleged infraction took place.  He has never been to jail.  
   
   b.	At the time of the misconduct, he was afraid and admitted to whatever was asked 
of him.  He never thought it would amount to his discharge.  He loves his country and 
would give his life for it.  Every year he prays and asks God to allow him another chance 
to help kids.
   
   c.	Since his discharge, he has attained an associate's degree from New Orleans 
Theological Seminary, a bachelor's degree in Theology from Baptist College, and is 
currently completing his master's degree at Florida International University.  He and his 
wife own and operate two schools, grades K-12, named the Grace Christian 
Preparatory.  He has been serving as a pastor for the last 20 years at the Grace of God 
Baptist Church in Miami, Florida.    

3.  The applicant provides:
   
   a.	Certificate of License issued by the Glendale Missionary Baptist Church, Miami, 
Florida, reflects the applicant has been licensed to preach the Gospel in the work of 
Ministry.
   
   b.	New Orleans Baptist Theological Seminary awarded the Associate of Divinity in 
Pastoral Ministry to the applicant as he had fulfilled the requirements of the trustees and 
faculty.
   
   c.	Certificate of Ordination was awarded by the Glendale Missionary Baptist Church 
to the applicant as he was ordained to preach the Gospel Ministry.
   
   d.	The Baptist College of Florida conferred the Bachelor of Science degree in 
Biblical Studies upon the applicant as he had fulfilled the requirements and upon 
recommendation of the faculty.
   
   e.	The Dr. Elroy Barber Denominational Award was bestowed upon the applicant in 
appreciation for his outstanding leadership.

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

   a.	He enlisted in the Regular Army on 15 July 1980.
   
   b.	It is unclear of the exact date when the applicant consulted with legal counsel.  
However, he was advised of the basis for the contemplated trial by court-martial, which 
was for the possession, sale, transfer of marijuana, the maximum permissible 
punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible 
effects of an under other than honorable conditions discharge, and the procedures and 
rights that were available to him.  

   c.	Subsequent to receiving legal counsel, he voluntarily requested discharge under 
the provision of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted 
Personnel), chapter 10, for the good of the service.  In his request for discharge, he 
acknowledged his understanding that:
   
*	by requesting discharge, he was admitting guilt to the charge against him, or 
of a lesser included offense that also authorized the imposition of bad conduct or 
dishonorable discharge 
*	he acknowledged he understood that if his discharge request was accepted 
he could be deprived of many or all Army benefits, he could be ineligible for 
many or all benefits administered by the Veterans Administration, and he could 
be deprived of his rights and benefits as a veteran under both Federal and State 
laws
*	he was advised he could submit any statements he desired in his own behalf; 
he did not submit any statements
   
   d.	The separation authority approved the applicant's request for discharge on  
3 December 1982, under the provisions of AR 635-200, Chapter 10, for the good of the 
service, directed that he be reduced to grade of Private/E-1, and discharged under other 
than honorable conditions.  He completed 2 years, 5 months and 7 days of active 
service.  His DD Form 214 also shows in: 
   
*	Items 4a (Grade, Rate or rank) and 4b (Pay Grade) show PV1/E-1
*	Item 12h (Effective Date of Pay Grade) - 15 November 1981
*	Item 26 (Separation Code) - JFS
*	Item 27 (Reentry Code) - RE-3, 3C
*	Item 28 (Narrative Reason for Separation) - For the Good of the Service, In Lieu 
of Court-Martial 

4.  AR 635-200 states, a member who has committed an offense for which the 
authorized punishment includes a punitive discharge may submit a request for 
discharge in lieu of trial by court-martial.  The request may be submitted at any time 
after charges have been preferred and must include the individual's admission of guilt.  
Although an honorable or general discharge is authorized, a discharge under other than 
honorable conditions is normally considered appropriate.

5.  The Board should consider the applicant's submissions 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 and post-service achievements 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 for the Board to 
consider.  Based upon the criminal offenses including the distribution of illegal drugs to 
other service members, as well as the failure to fully accept responsibility 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 635-200 (Personnel Separations - Enlisted Personnel), sets forth the 
basic authority for the separation of enlisted personnel.  

   a.  Paragraph 3-7a provides that 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.  Paragraph 3-7b provides that 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.  

   c.  Chapter 10 of that regulation provides, in pertinent part, that a member who has 
committed an offense or offenses for which the authorized punishment includes a punitive 
discharge may, submit a request for discharge for the good of the service in lieu of trial by 
court-martial.  The request may be submitted at any time after charges have been 
preferred and must include the individual's admission of guilt.  Although an honorable or 
general discharge is authorized, a discharge under other than honorable conditions is 
normally considered appropriate.

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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180011508

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