ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 June 2019

	DOCKET NUMBER:  AR20180013226


APPLICANT REQUESTS: reconsideration of his previous request for an upgrade of his under other than honorable conditions discharge to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006944 on 15 November 2006.

2.  The applicant states that he made an error in judgment due to his immaturity at the time.  He acknowledged his error and is now a model citizen and a family man.  

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

	a.  He was inducted into the Army of the United States on 24 March 1970. 

	b.  The applicant went absent without leave (AWOL) three times:

* 17 April 1971, returned to military control on 19 July 1971.
* 19 July 1971, returned to military control on 20 October 1971.
* 21 October 1971, returned to military control on 27 June 1972.

	c.  On 27 June 1972, court-martial charges were preferred.  His DD Form 458 (Charge Sheet) indicates he was charged with three specifications of AWOL. 


	d.  On 28 June 1972, he consulted with legal counsel and subsequently requested discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, (Discharge for the Good of the Service).  He acknowledged:

* maximum punishment
* he was guilty of the charge(s) against him or of a lesser included offense
* he does not desire further rehabilitation or desire further military service
* if his request was accepted, he may be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate
* he may ineligible for many or all benefits administered by the Veterans Administration, and he may be deprived of rights and benefits as a Veteran under both Federal and State laws
* he may expect to encounter substantial prejudice in civilian life because of an undesirable discharge
* he elected to not make a statement on his own behalf

	e.  On 13 July 1972, consistent with the chain of command recommendations, the separation authority approved the applicant’s request for discharge under the provisions of AR 635-200, chapter 10.  He directed a discharge with an under other than honorable conditions characterization of service and reduction to private/E-1.

	f.  On 13 July 1972, he was discharged from active duty under the provisions of chapter 10, AR 635-200 with an under other than honorable conditions characterization of service (undesirable discharge).   His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 11 months and 10 days of active service with 498 days lost.  It also shows he was awarded or authorized the National Defense Service Medal.

4.  By regulation, an individual 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.  An Under Other Than Honorable Discharge Certificate normally is appropriate for a member who is discharged for the good of the service.

5.  In reaching its determination, 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 review of the application and all evidence, the Board determined relief is not 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.  He did not provide character witness statements or evidence of post-service achievements for the Board to consider.  Based upon the relatively short term of honorable service completed prior to multiple lengthy AWOL offenses, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct.

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 to amend the decision of the ABCMR set forth in Docket Number AR20060006944 on 15 November 2006.
	 
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.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 1-9d (Honorable Discharge) states an honorable discharge is a separation with honor.  Issuance of an honorable discharge will be conditioned upon proper military behavior and proficient performance of duty during the member’s current enlistment of current period of service with due consideration for the member’s age, length of service, grade, and general aptitude.

	b.  Paragraph 1-9e (General Discharge) states a general discharge is a separation from the Army under honorable conditions of an individual whose military record is not sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 10 of this regulation states an individual 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.  An Undesirable Discharge Certificate will normally be furnished an individual who is discharged for the good of the service.

2.  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 an applicant.  These factors include the severity of the misconduct and the length of time since the misconduct.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180013226


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