IN THE CASE OF:  

		BOARD DATE:  13 January 2020

		DOCKET NUMBER:  AR20180013186


APPLICANT REQUESTS:

*	upgrade of his characterization of service from general, under honorable 
conditions to honorable

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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:

   a.  At the time he enlisted and returned home from advanced individual training 
(AIT), his current unit was closing then he moved to four different units and branches.  
He never had a chance to keep his current job, was never sent to training, and could not 
attend drill due to having a child.

     b.  Having a less than honorable discharge has made receiving benefits very difficult.  
He excelled during training and AIT, and conducted himself appropriately with no 
disciplinary actions.

3.  A DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the U.S. 
Army Reserve (USAR) on 27 July 1994.

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), covering the 
period 31 August 1994 through 24 March 1995, shows he was honorably released from
active duty training after 6 months and 24 days of net active service this period, due to 
completion of required active service.  He was awarded the military occupational 
specialty (MOS) 31U (Signal Support Systems Specialist) and transferred back to his 
USAR unit.

5.  A DA Form 4187 (Personnel Action), shows on 1 November 1995, the applicant 
requested discharge from the USAR for the purpose of enlistment into the U.S. Naval 
Reserve and approval of the action was recommended on 5 November 1995.

6.  U.S. Army 63rd Regional Support Command Orders 163-37, dated 11 June 1996, 
show he was honorably discharged from the USAR effective 25 March 1996, under the 
provisions of Army Regulation 135-178 (Army National Guard (ARNG) and Reserve – 
Enlisted Administrative Separations).

7.  A DD Form 4 shows the applicant enlisted in the ARNG on 30 August 1996.

8.  The complete facts and circumstances surrounding his discharge from the ARNG 
are not in his available records for review.  

9.  A National Guard Bureau (NGB) Form 22E (Report of Separation and Record of 
Service) shows he was discharged from the ARNG under the provisions of NG 
Regulation 600-200 (Enlisted Personnel Management) on 27 February 1998, due to 
unsatisfactory participation.  He was credited with 1 year, 5 months, and 28 days of 
service this period and his service was characterized as general, under honorable 
conditions.


BOARD DISCUSSION:

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 considered the applicant's statement, his record of 
service, the reason for his discharge from the ARNG (unsatisfactory participation) and 
whether to apply clemency.  The Board found insufficient evidence of in-service 
mitigating factors and the applicant provided no evidence of post-service achievements 
or letters of reference in support of a clemency determination.  Based on a 
preponderance of evidence, the Board determined that the character of service the 
applicant received upon separation was not in error or unjust.



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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  National Guard Regulation 600-200 (Enlisted Personnel Management), prescribes 
the criteria, policies, process and procedures to classify, assign, utilize and transfer 
Army National Guard (ARNG) Soldiers within and between States.  

	a.  An honorable characterization of service may only be awarded a Soldier upon 
completion of his/her service obligation or where required under specific reasons for 
separation, unless an uncharacterized description is warranted.

b.  When authorized, a characterization of general, under honorable conditions is 
awarded to a Soldier whose military record is satisfactory but not sufficiently meritorious 
to warrant an honorable discharge. 

c.  Service may be, but is not required to be, characterized as under other than 
honorable conditions only when discharge is for misconduct, fraudulent entry, 
unsatisfactory participation, or security reasons.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.  

4.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Service Discharge Review Boards and Service 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 on the basis of 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)	 AR20180013186


4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1