ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  30 July 2019

	DOCKET NUMBER:  AR20180012640

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)
*	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:

a.  During her time in the military, she did not have her head on straight.  She 
did some stupid things and acted like a child and caused trouble for herself.  Her 
marriage was in shambles and she found herself lost, scared, carefree, childish, and 
silly.  She was a young woman messing up her life and her future.

   b.  She was not focused on her life or the things she was doing.  However, she is 
almost 50 and she really understands the importance of the career she could have built.  
If she could turn back time, she would have behaved like an adult.  She pleads with the 
Board to consider upgrading her discharge, so she can make a better life for herself, 
have a place to live and a job to take better care of herself. 

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

	a.  She enlisted in the Regular Army on 20 November 1996.

	b.  Her DD Form 458 (Charge Sheet), dated 18 November 1997, shows special 
court-martial charges were preferred against her for one specification of being absent 
without leave (AWOL) on about 20 May 1997 to 12 November 1997.

	c.  On 18 November 1997, she consulted with legal counsel and was advised of her 
rights. Following consultation with counsel, she subsequently requested, a discharge 
under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – 
Enlisted Personnel), Chapter 10, for the good of the service in lieu of trial by court-
martial.  In this request, the applicant admitted guilt to the offense, or a lesser included 
offense.  She acknowledged:

*	she did not desire further rehabilitation or a desire to perform further military 
service
*	if her discharge was approved, she may be discharged with an under other 
than honorable conditions discharge
*	she would be deprived of many or all Army benefits and that she may be 
ineligible for many or all benefits administered by the Veterans Administration 
and benefits as a veteran under both Federal and State law
*	she could expect to encounter substantial prejudice in civilian life because of 
an under other than honorable discharge

d.  Consistent with the chain of commands recommendations on 6 February 1998,
the separation authority approved the applicant’s request for discharge in lieu of trial by 
court-martial and directed she be furnished an Under Other Than Honorable Conditions 
Discharge Certificate and reduced to the lowest enlisted pay grade of Private/E-1. 

  e.  On 6 March 1998, she was discharged from active duty under the provisions of 
AR 635-200, Chapter 10.  She completed 8 months and 24 days of net active service.  

   f.  The applicant was discharged on 6 March 1998, under the provision of AR 635-
200, Chapter 10.  She completed 8 months and 24 days of net active service with lost 
time from 1 April to 27 April 1997 and 20 May 1997 to 11 November 1997.  She was 
awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16) and Marksman Marksmanship Qualification Hand Grenade.

	g.  The Army Discharge Review Board (ADRB), by letter, on 17 January 2003, to the 
applicant in response to her request for correction of her military record.  The ADRB 
stated that after careful review of her application, military records and all other available 
evidence, the ADRB determined that she was properly and equitably discharged and 
denied her request to change her character and/or reason of her discharge.

4.  By regulation, discharges under the provision of AR 635-200, Chapter 10 (Discharge 
for the Good of the Service) are voluntary requests for discharge in lieu of trial by court-
martial.

5.  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 short term of 
honorable service completed prior to the lengthy AWOL offense which resulted in the 
applicant’s separation, the Board concluded that the characterization of service received 
at the time of discharge was appropriate.

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:

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.  AR 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 states 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 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.

	c.  Chapter 10 of that regulation provides that a Soldier 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.  The 
discharge request may be submitted after court-martial charges are preferred against 
the Soldier or where required, after referral, until final action by the court-martial 
convening authority.  A discharge under other than honorable conditions normally is 
appropriate for a Soldier who is discharged for the good of the service.  However, the 
separation authority may direct a general discharge if such is merited by the Soldier’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)	 AR20180012640

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