I BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20180013260 APPLICANT REQUESTS: The applicant requests his under other than honorable conditions (UOTHC) discharge be upgraded. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certification Release of Discharge) * Personal Statement * Letter of Support 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. 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 Numbers AR2001054742, AR2002082701, and AR20070017694 on 12 June 2001, 11 July 2003, and 28 February 2008 respectively. 3. The applicant requests and upgrade because he is a Christian and has made a big change in his life. 4. On 24 August 1978, at the age of 18, the applicant joined the Regular Army for 3 years. He completed Basic and Advanced Individual training and was awarded the MOS 76X(Substance Supply Specialist). He was initially assigned to Fort Hood, Texas. 5. A review of his records shows that he was absent without leave (AWOL) on 5 occasions. * 31 March through 3 April 1979 (4 days) * 5-13 June 1979 (9 days) * 5-8 July 1979 (4 days) * 16-20 July 1979 (5 days) 6. On 9 August 1979, the applicant was seen by a summary court-martial and was sentence to confinement at hard labor for 20 days and forfeiture of $250.00 per month. 7. On 19 September 1994, the applicant was charged with being AWOL from 27 March 1980 to 19 September 1994 (5,289 days). 8. On 22 September 1994, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 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 Army Regulation 635-200, chapter 10. He acknowledged he could be ineligible for many or all Army and/or Veterans Affairs Benefits. He signed a request for discharge and indicated he would not submit statements in his own behalf. 9. On 17 October 1994, the appropriate separation authority approved the applicant's request directing the applicant be discharged, reduced to Private E1, and furnished an UOTHC discharge certificate. 10. On 3 November 1994, he was discharged accordingly, his service was characterized as UOTHC. His DD 214 shows he completed 1 year, 8 months, and 3 days of total net service. 11. Army Regulation 635-200 states a Chapter 10 is a voluntary discharge request in- lieu of trial by court martial. In a case in which an UOTHC is authorized by regulation, 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. On 29 June 2001 and 11 July 2003, the applicant submitted a request for change in the character and/or reason for his discharge to Army board for Correction of Military Records (ABCMR). On both occasions, the Board determined that he was properly and equitably discharged. As a result, his requests were denied. 13. The applicant provided a personal statement and letter of support that states in the effect: a. the applicant made a grave mistake of hitting an officer while in a drunken state(Of note, there is no data within his records to support this assertion). b. he takes full responsibility for his actions. He is now a devoted Christian and tries serve as an example for young men. c. he is an asset to the community and is a member of the male singing choir. 14. The applicant records shows that he completed 1 year 8 months, and 3 days of his 3 year contract. He was chaptered out of the military due to being AWOL for 5,289 days. 15. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published DOD guidance on equity, injustice, or clemency. BOARD DISCUSSION: The board applied Office of the Secretary of Defense standards of liberal consideration and clemency to the complete evidentiary record, including the applicant’s statement and did not find sufficient evidence to amend the decision of the ABCMR set forth in Docket Numbers AR2001054742, AR2002082701, and AR20070017694 on 12 June 2001, 11 July 2003, and 28 February 2008 respectively. The Board found that the applicant had limited creditable service, no wartime service and insufficient evidence of mitigating circumstances for the misconduct. Neither did the Board find sufficient evidence of post-service honorable conduct that might have mitigated the discharge characterization. The Board agreed that the applicant’s discharge characterization is 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: The Board determined the evidence presented is insufficient to warrant amendment of the ABCMR's decision in Docket Numbers AR2001054742, AR2002082701, and AR20070017694 on 12 June 2001, 11 July 2003, and 28 February 2008 respectively. Therefore, the Board determined the overall merits of this case are insufficient as a basis to correct the applicant’s records. 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 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 600-200 (Enlisted Personnel Management System), in effect at the time, stated when the general court-martial authority determined that a Soldier was to be discharged from the service under other than honorable conditions he was reduced to the lowest enlisted grade. Board action was not required for this reduction. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. a. Chapter 10 stated a member who was charged with an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt. Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally issued to an individual who was discharged for the good of the service. b. An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate. 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. An UOTHC is an administrative separation from the service under conditions other than honorable. It may be issued for misconduct. In a case in which an UOTHC is authorized by regulation, 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. 4. 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. a. 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. b. 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) AR20180013260 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180013260 6 ABCMR Record of Proceedings (cont) AR20180013260 4