ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 May 2019

	DOCKET NUMBER:  AR20180013471


APPLICANT REQUESTS:  His 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)

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 he was laboring under the burden of addiction to alcohol and 
marijuana.  He lacked the ability to make competent decisions and lacked the counsel 
he needed to guide him with such decision making.

3.  The applicant enlisted in the Regular Army on 11 August 1983.

4.  The applicant's record contains nine DA Forms 4856 (General Counseling Form), 
dated between August 1984 and June 1986, which show he was counseled for 
infractions including but not limited to missing formation, disrespect towards a 
noncommissioned officer (NCO), disobeying orders and poor attitude.

5.  The applicant accepted non-judicial punishment (NJP), under the provisions of 
Article 15 of the Uniform Code of Military Justice (UCMJ), on:

*	17 December 1984, for failure to go at the time prescribed to his place of duty, on 
or about 14 November 1984
*	28 January 1985, for absenting himself from his place of duty and for being drunk 
while on duty, on or about 10 January 1985
*	5 September 1985, for disobeying a lawful order, on or about 31 August 1985, 
and for being disrespectful to an NCO, on or about 3 September 1985
*	31 December 1985, for wrongful use of marijuana, on or about 1 October 1985
*	17 June 1986, for wrongful possession of marijuana, on or about 9 May 1986

6.  The applicant's commander notified the applicant on 8 July 1986 that he had initiated 
actions to separate him from service under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), paragraph 14-12c, by reason of 
misconduct – commission of a serious offense.  The specific reason for the proposed 
separation was the applicant’s second offense for illegal drugs and an established 
pattern of misconduct.

7.  The applicant consulted with counsel on 9 July 1986 and waived his right to 
consideration of his case by a board of officers, personal appearance before a board of 
officers, and to submit statements in his own behalf.

8.  The applicant's commander formally recommended the applicant's separation under 
the provisions of Army Regulation 635-200, paragraph 14-12c.  The separation authority 
approved the recommended discharge and directed that the applicant be issued a 
General Discharge Certificate.

9.  The applicant was discharged on 11 August 1986.  His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) confirms he was discharged under the 
provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct – 
commission of a serious offense.  His service was characterized as under honorable 
conditions (general).

10.  The Board should consider the applicant's statement in accordance with the 
published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  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 any evidence of error, 
injustice, or inequity; the applicant had limited honorable 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 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.

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 basic authority for the separation 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 14 of this regulation establishes policy and prescribes procedures for 
separating members for misconduct.  Specific categories include minor disciplinary 
infractions, a pattern of misconduct, commission of a serious offense, conviction by civil 
authorities, desertion, or absences without leave.  Action will be taken to separate a 
member for misconduct when it is clearly established that rehabilitation is impracticable 
or is unlikely to succeed.  A discharge under other than honorable conditions is normally 
considered appropriate.  However, the separation authority may direct a general 
discharge if such is merited by the Soldier's overall record.

3.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records 
on 25 July 2018, regarding equity, injustice, or clemency determinations.  Clemency 
generally refers to relief specifically granted from a criminal sentence.  Boards for 
Correction of Military/Naval Records 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 a discharge, 
which may be warranted on equity or relief from injustice grounds.

	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, Boards 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)	 AR20180013471

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