ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20180013006


APPLICANT REQUESTS:  Her under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10 U.S. Code, Section 1552), dated 18 September 2018

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), Section 1552 (b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 that at the time of her release from active duty (REFRAD) and 
reassignment to the Individual Ready Reserve (IRR), she was informed that once her 
service was completed her discharge status would be upgraded to honorable.  The 
information was provided by her captain when she was [REFRAD].

3.  The applicant enlisted in the Regular Army on 3 March 1992.

4.  The facts and circumstances pertaining to the applicant's REFRAD are not available 
for review.  However, the available record shows that on 11 September 1992, the 
applicant was notified that action was being initiated to separate her from the Army, 
under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), Chapter 13, for unsatisfactory performance.  Her commander cited her lack 
of motivation, as exhibited by her continued failure of the Army Physical Fitness Test 
and her refusal to conduct physical training, as the basis for his recommendation.

5.  The applicant acknowledged receipt of the notification for separation on 
11 September 1992.  She waived her right to consult with counsel and she elected not 
to submit a statement in her own behalf.

6.  The applicant's commanding officer submitted a formal request for separation on 
11 September 1992.  The separation authority approved the request for separation and 
directed the applicant's transfer to the IRR and the under honorable conditions (general) 
characterization of service.  

7.  The applicant was REFRAD on 22 September 1992, under the provisions of Army 
Regulation 635-200, Chapter 13, due to unsatisfactory performance.  She was 
transferred to the USAR Control Group (Annual Training) to complete her Reserve 
obligation.  Her DD Form 214 confirms her service was characterized as under 
honorable conditions (general).

8.  Orders Number D-03-014650, issued by the Army Reserve Personnel Command 
(AR-PERSCOM) on 7 March 2000, discharged the applicant from the USAR under the 
provisions of Army Regulation 135-178 (Army National Guard and Army Reserve – 
Enlisted Administrative Separations).  Her service was characterized as honorable.

9.  Army Regulation 635-200, in affect at that time, set forth the policies, standards, and 
procedures to insure the readiness and competency of the force while providing for the 
orderly administrative separation of enlisted members for a variety of reasons.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, and published DoD guidance for consideration of discharge 
upgrade requests.  The Board discussed the applicant’s short length of service, the 
absence of a separation packet, the circumstances of her separation, the possibility of 
an uncharacterized discharge, her subsequent honorable service in the USAR and 
whether clemency applied.  The Board determined that clemency applied and that her 
discharge should be upgraded.

2.  After reviewing the application and all supporting documents, the Board determined 
that relief was warranted.


  



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 the applicant a 
DD Form 214 for the period of service ending 22 September 1992 showing her 
character of service as honorable.


	  
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.

ADMINISTRATIVE NOTE(S):

Not Applicable



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 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 sets forth the requirements and procedures for administrative 
discharge 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.  Chapter 13 of this regulation provides for separation due to unsatisfactory 
performance when in the commander’s judgment the individual will not become a 
satisfactory Soldier; retention will have an adverse impact on military discipline, good order 
and morale; the service member will be a disruptive influence in the future; the basis for 
separation will continue or recur; and/or the ability of the service member to perform 
effectively in the future, including potential for advancement or leadership, is unlikely.  
Service of Soldiers separated because of unsatisfactory performance under this regulation 
will be characterized as honorable or under honorable conditions.

3.  The U.S. Army does not have, nor has it ever had, a policy to automatically upgrade 
discharges.  Each case is decided on its own merits when an applicant requests a 
change in discharge.  Changes may be warranted if the Board determines that the 
characterization of service or the reason for discharge or both were improper or 
inequitable.


ABCMR Record of Proceedings (cont)	 AR20180013006

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