ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF 

	BOARD DATE: 24 May 2019 

	DOCKET NUMBER:  AR20180013210


APPLICANT REQUESTS:  The applicant requests upgrade of his under other than 
honorable (UOTHC) discharge to a general under honorable conditions discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 149 (Application for Correction of Military Record)
*	One Letter/Character Reference 

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 submitted a DD Form 293 and a DD Form 149.  He states, in 1983, 
when he was in Germany he received an Honorable Discharge Certificate for his first 
tour.  After he reenlisted, he started having problems.  During his second enlistment, he 
received an under other than honorable discharge, which he wish to be changed to a 
general discharge.  He always wanted to serve like his three older brothers.  He was 
proud of their service.  He is still a veteran, served with a good heart, and always 
thought he would retire from the Army.

3.  On 29 January 1980, at the age of 18 years old, he enlisted in the Regular Army.  On 
13 October 1982, he was honorably discharged for immediate reenlistment and on 
14 October 1982, he reenlisted for a term of 3 years.

4.  On 1 July 1983, the applicant went absent without leave (AWOL) until 25 July 1983.  
On 2 August 1983, he again went AWOL until 0925 hours, 10 August 1983.  On the 
same date at 1945 hours, he went AWOL and was dropped from the rolls.  On 
21 February 1984, he was apprehended and confined by civil authorities.  A military 
police report revealed he was apprehended by civil authorities for the offenses of 
desertion and robbery.  On 26 April 1984, he was returned to military control.

5.  On 2 May 1984, court-martial charges were preferred against the applicant for three 
specifications of being AWOL:  from on or about 1 July 1983 and remained absent until 
on or about 25 July 1983, from on or about 2 August 1983 and remained absent until on 
or about 10 August 1983, and from on or about 10 August 1983 and remained absent 
until on or about 21 February 1984. 

6.  The applicant voluntarily requested discharge for the good of the service in lieu of 
trial by court-martial under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel), chapter 10.  He consulted with legal counsel and 
was advised of the basis for the trial by court-martial, his available rights and the basis 
for voluntarily requesting discharge under the provision of AR 635-200, chapter 10.  The 
applicant elected not to submit a statement on his own behalf.  

7.  The applicant's chain of command recommended approval of his request and on 
23 May 1984, the appropriate separation authority approved the applicant's request 
directing the applicant be reduced to the lowest grade and he be issued a discharge 
under other than honorable conditions.  

8.  On 6 June 1984, he was discharged accordingly.  His service was characterized as 
UOTHC.  He completed 3 years, 6 months, and 6 days of net active service this period, 
with 1 year, 1 month, and 14 days of Foreign Service.  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows:

*	He was awarded or authorized:

*	M-16 Rifle Sharpshooter Marksmanship Qualification Badge
*	Hand Grenade Expert Marksmanship Qualification Badge
*	Army Service Ribbon
*	Army Good Conduct Medal

*	Dates of Time Lost During This Period:  "830701-830724, 830802-830809 & 
830810-840425," AWOL for a total of 287 days

9.  The applicant provides one letter/character reference from D_ S_.  He states:
   
   a.  The applicant became known to him in 2017 and has since become a reliable 
and diligent friend.  The applicant informed him of his intentions to submit a DD Form 
149 in an attempt to upgrade his discharge from the U.S Army.  He fully supports his 
request in the hope that the Board will update his discharge to full and honorable status 
based on Secretarial Authority. 
   
   b.  The applicant participated in many activities and classes to improve his public 
awareness and civil responsibility.  He has maintained a healthy lifestyle for more than 
20 years.  He is a pillar in his community as he always assists his neighbors with repair 
work on their properties as well as transporting them to local appointments and 
shopping trips.  The applicant has, on more than one occasion, given him rides to the 
pharmacy without expecting any form of payment.
   
   c.  The applicant continued to serve out his enlistment even after the infraction 
occurred, which resulted in his separation from the Army.  He is in need and is 
deserving of Veterans assistance that may be provided through the VA health care 
system.  He asks the Board to consider his request and provide all due diligence to this 
matter.

10.  The applicant states after he reenlisted, he started having problems.  He always 
wanted to serve like his three older brothers.  He served with a good heart and always 
thought he would retire from the Army.  His record shows he enlisted at the age of 
18 years old and charges were preferred against him for being AWOL on three 
occasions, resulting in approximately 287 days of lost time.   He completed 1 year, 8 
months and 22 days of his 36 months contractual obligation (reenlistment service 
obligation).

11.  AR 635-200 states a Chapter 10 is a voluntary discharge request in-lieu of trial by 
court martial.  A member may be awarded an honorable or general discharge, if during 
the current enlistment period of obligated service he has been awarded a personal 
decoration or if warranted by the particular circumstances of a specific case.

12.  In reaching its determination, the Board can consider the applicant’s petition and 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the record and published DoD guidance for consideration of discharge 
upgrade requests.  The Board noted his reenlistment and previous period of honorable 
service.  The Board also discussed the nature and length of the misconduct and the 
letter of support and the majority of members determined that clemency guidance 
should be applied in this case; one member did not agree.  The Board also concurs with 
the corrections stated in the Administrative Note(s) below.

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



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:

1. After reviewing the application and all supporting evidence, the Board found that relief 
was warranted. As a result, the Board recommends that all Department of the Army 
records of the individual concerned be corrected by amending the DD Form 214 for the 
period of service ending 6 June 1984 to reflect a General, under honorable conditions 
character of service.
2.  The Board concurs with the corrections as stated in the Administrative Notes below.

	  
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):

A review of the applicant's record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 6 June 1984, is missing important 
entries that affect his eligibility for post-service benefits.  As a result, amend the
DD Form 214 by adding the following entries to:

*	Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Award 
or Authorized):  Army Achievement Medal
*	Item 18 (Remarks):

*	"SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
*	"CONTINUOUS HONORABLE ACTIVE SERVICE FROM 800129 UNTIL 
821013"



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) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the administrative separation of 
enlisted personnel, it states:

   a.  A Chapter 10 (Discharge for the Good of the Service) is applicable to members 
who had committed an offense or offenses for which the authorized punishment 
included a bad conduct or dishonorable discharge could submit a request for discharge 
for the good of the service.  The request could be submitted at any time after the 
charges had been preferred.  Although an honorable or general discharge was 
authorized, an under other than honorable conditions discharge was normally 
considered appropriate.  
   
   b.  An honorable discharge was a separation with honor and entitled 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.
   
   c.  A general discharge was a separation from the Army under honorable conditions.  
When authorized, it was issued to a Soldier whose military record was satisfactory but 
not sufficiently meritorious to warrant an honorable discharge.
   
   d.  When a member is to be issued a discharge under other than honorable 
conditions, the convening authority will direct his immediate reduction to the lowest 
enlisted grade.

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 the applicant.


ABCMR Record of Proceedings (cont)	 AR20180013210

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