ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  12 June 2019

	DOCKET NUMBER:  AR20180012032


APPLICANT REQUESTS:  an upgrade of his 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)
*	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 he became absent without leave (AWOL) because his son was 
being physically abused by his mother’s boyfriend and during that time and he went 
through the proper channels prior to doing so.  He states that he went back as soon as 
the issue was resolved and he served extra time past the expiration of his tour of 
service to make up his days without pay.  He states that he was told if he reenlisted that 
he would receive no punishment but, if he didn’t it would be ugly.  Lieutenant Colonel R 
told him that he was not going to tarnish his record according to the applicant.  He 
states that to this day all that he can do is help our active duty soldiers and retirees and 
he has formed a non-profit organization called “Reel Hero’s Foundation.”  His 
foundation is designed to help with rehabilitation of disabled soldiers and soldiers with 
Posttraumatic Syndrome Disorder and addiction recovery.  He states that they take 
them deep-sea fishing at no cost to them. 

3.  The applicant provides a self-authored statement to explain his support to disabled 
and Wounded Soldiers.



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

 	a.  He enlisted in the Regular Army (RA) on 29 October 1985.  

	b.  On 7 December 1888, court-martial charges were preferred on the applicant for 
one specification of being AWOL from 1 August 1988 to 11 October 1988 and one 
specification of selling military Table of Allowance-50 (Army-issued individual 
equipment).

	c.  After consulting with legal counsel, he requested a discharge for the good of the 
service under the provisions of chapter 10, Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel).  He acknowledged:

*	maximum punishment
*	he was guilty of a charge against him or of a lesser included offense
*	he does not desire further rehabilitation or further military service
*	if his request for discharge was accepted, he may be discharged under other 
than honorable conditions and furnished an under than honorable discharge 
certificate
*	he would be deprived of many or all Army benefits, he may be ineligible for 
many or all benefits administered by the Veterans Administration, and that he 
may be deprived of his rights and benefits as a veteran under both Federal 
and State law
*	he may expect to encounter substantial prejudice in civilian life
*	he elected not to submit a statement on his own behalf

	d.  On 15 December 1988, consistent with the chain of command recommendations, 
the separation approval authority approved the applicant’s request for discharge for the 
good of the service.  He would be issued an Under Other Than Honorable Conditions 
Discharge and reduced to the lowest enlisted pay grade.

	e.  On 9 September 1989, he was discharged from active duty with an under other 
than honorable conditions characterization of service.  His DD Form 214 shows he 
completed 2 years, 11 months, and 20 days of active service with lost time from 1 
August 1988 to 11 October 1988.  It also shows he was awarded or authorized:

*	Parachutist Badge
*	Marksman Marksmanship Qualification Badge with Rifle Bar
*	Hand Grenade Expert Badge
*	Dragon Gunner Sharpshooter Badge
*	Multinational Forces Observors Medal

	f.  On 24 May 2004, the Army Discharge Review Board denied his application to 
have his discharge upgraded.  The applicant failed to appear for a scheduled Army 
Discharge Review Board hearing examination on 20 May 2004.

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.

6.  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 warranted.  One potential outcome discussed was to 
deny the requested relief based upon a lack of character evidence to show that the 
applicant has learned and grown from the events leading to his separation.  However, 
based upon the length of honorable service completed prior to the misconduct and the 
short period of service involving misconduct, the Board concluded that granting 
clemency by upgrading the characterization of service to Under Honorable Conditions 
(General) was appropriate.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:X	:	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:X	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing the applicant a 
DD Form 214 showing his characterization of service as Under Honorable Conditions 
(General).
	  
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), 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. Only the honorable characterization 
may be awarded a member upon completion of his or her period of enlistment or period 
for which called or ordered to active duty or active duty training, or where required under 
specific reasons for separation, unless an entry level status separation 
(uncharacterized) is warranted..

	b.  Paragraph 3-7b (General Discharge) states a general discharge is a separation 
from the Army under honorable conditions of an individual whose military record is not 
sufficiently meritorious to warrant an honorable discharge.

	c.  Paragraph 3-7c (Under Other than Honorable Conditions) states that under other 
than honorable conditions is an administrative separation from the service under 
conditions other than honorable.  It may be issued for misconduct, fraudulent entry, 
homosexuality, security reasons, or for the good of service in the following 
circumstances: 

	(1) When the reason for separation is based upon a pattern of behavior that 
constitutes a significant departure from the conduct expected of members of the Army. 
 
	(2) When the reason for separation is based upon one or more acts or omissions 
that constitutes a significant departure from the conduct expected of members of the 
Army.

	d.  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 
Undesirable Discharge Certificate will normally be furnished an individual 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.  


ABCMR Record of Proceedings (cont)	 AR20180012032

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