ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 May 2019

	DOCKET NUMBER:  AR20180013821


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

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 (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 states he has been a good citizen since his discharge.

3.  On 12 January 1981, at the age of 19 years old, the applicant enlisted in the Regular 
Army for a term of 3 years.  After completing initial entry training, the applicant served in 
Korea from 7 June 1981 to 22 December 1981.

4.  The complete circumstances surrounding the applicant’s discharge is unavailable for 
review.  His record shows on 8 December 1981, he was reduced to private one 
(PV1)/E-1.

5.  His DD Form 214 shows on 23 December 1981, the applicant was discharged under 
the provisions of Army Regulation 635-200, Chapter 10, administrative discharge 
conduct triable by court-martial and his service was characterized as UOTHC.  He 
completed 11 months and 12 days of net active service this period with 6 months and 
16 days of Foreign Service.  He was awarded or authorized:

*	Rifle Marksman Marksmanship Qualification Badge
*	Hand Grenade Marksmanship Qualification Badge
*	Army Service Ribbon

6.  The applicant states he has been a good citizen since his discharge.  His record 
shows he enlisted at the age of 19 years old and the complete circumstances 
surrounding his discharge is not available for review.  He completed 11 months of his 
36 month contractual obligation.

7.  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.

8.  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:

After reviewing the application and all supporting evidence, the Board determined that 
no other relief, other than the administrative correction outlined below was warranted.    
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 
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:

Other than the administrative correction outlined below, 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):

A review of the applicant’s record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for period ending 23 December 1981, is missing important 
entries that affect his eligibility for post-service benefits.  As a result, amend the DD 
Form 214, item 13 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) by adding the Korea Defense Service 
Medal.

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 predicated upon proper 
military behavior and proficient performance of duty during the member's current 
enlistment or period of obligated service with due consideration for the member's age, 
length of service, grade, and general aptitude.

	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)	 AR20180013821

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