ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 August 2019

	DOCKET NUMBER:  AR20180012363


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)
*	self-authored letter
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

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:

a.  Making the decision to join the military at the age of 20 was one the 
best decisions he made in his life.  He was stationed in Korea and stateside and has 
always been proud to say that he served in the United States Army.  When he enlisted 
as a young man, he had a drinking problem.  He did not think of the consequences of 
his drinking problem until it was the cause of his discharge two years later.

   b.  After his discharge, he tried many times to remain sober, but it was not until 1983 
when he would remain sober.  He has been sober for 35 years.  He raised four 
daughters and one joined the Army and he is a proud grandpa of 11 grandchildren and 
8 great grandchildren.  He has ran two successful businesses and have stayed a 
productive member of society.

c.  He is now 74 years old and when he tells stories of his childhood and his time
serving in the military he is somewhat embarrassed that he received a discharge for 
conditions other than honorable.  He is asking for his discharge to be changed to 
something less embarrassing.  He realizes that the mistakes he made when he was 
young were serious.  If he could go back in time, he certainly would have done things 
differently.

3.  The applicant provides a copy of his DD Form 214, which captures his time in the 
service from 14 June 1962 to 28 July 1964.

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

a.  He was inducted into the Army of the United States on 7 February 1962, 
and did an immediate reenlistment on 14 June 1962.

   b.  He accepted nonjudicial punishment on/for:
   
*	22 February 1963 for having in his possession unauthorized Korean alcoholic 
beverages
*	2 April 1963, for failure to be at his appointed place of duty
   
   c.  On 9 March 1963, he was convicted by Summary Court-Martial Order #8 for 
without proper authority failing to be at his appointed place of duty, failing to obey a 
direct order and breaking restriction on or about 28 February 1963.  He was sentenced 
to confinement for 45 days, forfeiture of $70.00 for one month and reduction to 
Private/E-1.

   d.  On 9 March 1964, he was convicted by Summary Court Martial Order Number 1 
for previous indulgence in intoxicating liquor, incapacitated for roper performance of his 
duties on or about 5 March 1964.  His sentence included reduction to Private/E-1 and to 
perform confinement for 15 days.

   e.  On 14 July 1964, he was convicted by Special Court-Martial Order Number 75 for 
driving a passenger car while drunk on or about 22 June 1964 and being absent without 
leave (AWOL) on or about 23 June 1964 to 1 July 1964.  His sentence included 
reduction to Private/E-1, confinement for 6 months and forfeiture of $73.00 per month 
for 6 months.

   f.  The chain of command recommended the applicant be eliminated from the 
service under the provisions of Army Regulation (AR) 635-208 (Personnel Separations 
– Discharge – Unfitness and Unsuitability).  
   
   g.  Consistent with the chain of command’s recommendation, the separation 
authority approved the applicant’s discharge on 20 July 1964 and directed he be issued 
an Undesirable Discharge Certificate.  
   
   h.  On 28 July 1964, the applicant reviewed and signed a statement acknowledging 
his discharge. 
   i.  The applicant’s service record is void of the complete facts and circumstances 
surrounding his discharge.  However, his DD Form 214 shows he was discharged from 
active duty on 28 July 1964, under the provisions of AR 635-205 with a character of 
service of under other than honorable conditions.  He completed 2 years and 16 days of 
net service with 29 days of lost time.

5.  There is no evidence that the applicant applied to the Army Discharge Review Board 
for an update of his discharge.

6.  By regulation, individuals will be discharged by reason of unfitness with an 
undesirable discharge, unless the particular circumstances in a given case warrant a 
general or honorable discharge.

7.  The Board can consider the applicants’ petition in his service record in accordance 
with published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined relief is 
warranted.  The applicant’s contentions 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.  The applicant 
accepts responsibility for his actions and was remorseful with his application, 
demonstrating he understands his actions were not that of all Soldiers.  The Board 
agreed an Under Honorable Conditions (General) character of service is warranted, as 
he did not meet the standards of acceptable conduct and performance of duty for Army 
personnel making him suitable for an Honorable characterization.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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 him a DD Form 
214 for the period ending 28 July 1964 showing his character 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 (AR) 635-208, in effect at the time, establish policy and provide 
procedures and guidance for the prompt elimination of enlisted personnel who are 
determined to be unfit for further military service.  Individuals will be discharged by 
reason of unfitness with an undesirable discharge, unless the particular circumstances 
in a given case warrant a general or honorable discharge, when it has been determined 
that an individuals’ military record is characterized by one or more of the following:

*	Frequent incidents of a discreditable nature with civil or military authorities
*	Sexual perversion including but not limited to lewd and lascivious acts, indecent 
exposure, indecent acts with, or assault upon, a child; or other indecent acts or 
offenses
*	Drug addiction or the unauthorized use or possession of habit forming narcotic 
drugs or marijuana
*	An established pattern for shirking
*	An established pattern showing dishonorable failure to pay just debts

3.  AR 635-200 (Active Duty Enlisted Separations), currently in effect, provides the 
policy and procedures 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 Soldier’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 Soldier whose military record is satisfactory but not sufficiently meritorious to warrant 
an honorable discharge.

4.  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)	 AR20180012363

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