ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20180014037 APPLICANT REQUESTS: an upgrade of his characterization of service from under honorable conditions to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter of Support X___ X___ * Letter of Support X___ X___ * Letter of Appreciation * Letter of Commendation * General Education Diploma (GED) Completion Certificate * DD Form 257A (General Discharge Certificate) * Honorable Discharge Certificate * DA Form 2166-6 (Enlisted Evaluation Report) (2) * DA Form 1059 (Service School Academic Evaluation Report) * Signal School Diplomas (2) * Basic Noncommissioned Officer Course (BNCOC) Certificate * Army Commendation Medal Certificate * Army Achievement Medal Certificate * Army Good Conduct Medal Certificate * Certificates of Achievement (7) * Certificate of Appreciation * Equal Opportunity Course Completion Certificate * Money Management Completion Certificate * Civilian Certificates of Completion (8) * Marriage License 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, that since his discharge from the Army in 1990, he has not had any legal issues, especially with alcohol. He’s received many honors and certificates in communication, kept a steady job and have been in a loving, solid relationship with the same person for over 25 years. 3. The applicant provides, a. Letter of Support X___ X___, which states that the applicant was young, irresponsible and thoughtless about his future. His biggest downfall was alcohol, and since meeting he has been on the straight and narrow. He was proud of his Army service and it would mean the world to him to have his characterization of service upgraded. He is more mature and probably would have made the Army a career. b. Letter of Support X___ X___, dated 8 August 2001, which states that they had the pleasure of working with the applicant as his supervisor for the year. He has been an integral part of the team, and his abilities include excellent interpersonal, analytical, problem solving and teamwork skills. Excellent written and oral communications skills, and the ability to learn quickly. He has completed numerous major projects in the year, and he is an asset to any team. c. Letter of Appreciation, dated 15 September 1993. d. Letter of Commendation, dated 1 October 1985. e. General Education Development Completion Certificate, dated 29 January 1982, which states the applicant successfully participated in the General Education Development course. f. DD Form 257A (General Discharge Certificate), dated 13 August 1990. g. Honorable Discharge Certificate, dated 26 February 1989. h. DA Form 2166-6 (Enlisted Evaluation Report) (2), which shows the applicant received advantageous ratings as a Noncommissioned Officer. i. DA Form 1059 (Service School Academic Evaluation Report) j. Signal School Diplomas (2), which shows the applicant graduated from the Multi-Channel Communications Equipment Operator Basic Course and Basic Noncommissioned Officer Course. k. Basic Noncommissioned Officer Course (BNCOC) Certificate, dated 10 April 1987. l. Army Commendation Medal Certificate, dated 12 October 1985. m. Army Achievement Medal Certificate, dated 30 January 1984. n. Army Good Conduct Medal Certificate, dated 12 October 1985. o. Certificates of Achievement (7), which shows that the applicant received certificates from the 5th Infantry Division and Fort Polk, the 32nd Army Air Defense Command,11th Air Defense Artillery Brigade, VALCOM, and Rets Electronic Institute. p. Certificate of Appreciation, which states the applicant received appreciation from the White House Communications Agency and the 5th Infantry Division and Fort Polk. q. Army Training Course Completion Certificate, which states the applicant completed courses on Checkbook Management, Money Management, and the Equal Opportunity Leadership Course. r. Civilian Certificates of Completion, which states multiple civilian courses completed. s. Marriage License, dated 22 March 2011. 4. A review of the applicant’s service record shows: a. He enlisted on 13 October 1982, in the Regular Army (RA). He was discharged on 3 September 1985 for immediate reenlistment. He reenlisted in the RA on 4 September 1985. b. He was discharged on 26 February 1989 for immediate reenlistment, and reenlisted in to the RA on 27 February 1989. He served in Germany from 17 March 1986 to 22 April 1989. c. The applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 for one specifications of operating a passenger car while drunk. His punishment consisted, in part, of reduction to specialist, E-4/SPC. (not dated) d. On 22 September 1989, the applicant received an Administrative Letter of Reprimand (LOR) for driving under the influence of alcohol. On 24 November 1989, he acknowledged receipt of the LOR and elected not to make a statement. e. On 5 June 1990, the applicant was considered a rehabilitation failure as determined by Alcohol and Drug Abuse Prevention and Control Program (ADAPCP). He participation was unsatisfactory and he appeared to be unwilling or unable to meet the needs and demands of the Army. f. The applicant accepted NJP on 28 June 1990 under the provisions of Article 15 for one specifications of operating a passenger car while drunk, and one specification of disobeying a lawful order. His punishment consisted, in part, of reduction to specialist, E-4/SPC. g. On 3 July 1990, his immediate commander notified him that action was being initiated to separate him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 9 (Alcohol Abuse Rehabilitation Failure), based on his rehabilitation failure as determined by ADAPCP on 5 June 1990. h. On 3 July 1990, he acknowledged the commander’s intent to separate him under the provisions of AR 635-200, chapter 9, based on his rehabilitation failure as determined by ADAPCP on 5 June 1990. i. Subsequent to the applicant's acknowledgement, on 3 July 1990, the immediate commander formally initiated separation action against the applicant under the provisions of chapter 9 of AR 635-200, separation for alcohol abuse rehabilitation failure. j. He consulted with legal counsel on 5 July 1990, and acknowledged: * he has been advised of the basis for the separation and its effects * he may expect to encounter substantial prejudice in civilian life because of a general under honorable conditions discharge * he will be ineligible to apply for enlistment in the United States Army for a period of two years after discharge k. On 25 July 1990, the chain of command reviewed the separation recommendation and subsequently recommended approval of the separation with a characterization of service as under honorable conditions. l. On 1 August 1990, following a legal review for legal sufficiency, the separation authority approved the recommendation for separation for alcohol abuse rehabilitation failure and ordered his service be characterized as under honorable conditions. m. On 13 August 1990, the applicant was discharged from active duty under the provisions of AR 635-200, Chapter 9 with a general under honorable conditions characterization of service. He completed 7 years, 10 months, and 1 day of active duty service. His DD Form 214 shows in: * item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * Army Achievement Medal * Army Service Ribbon * National Defense Service Medal * Overseas Service Ribbon * Noncommissioned Officers Professional Development Ribbon with Numeral 2 * Army Good Conduct Medal (2nd Award) * Marksman Marksmanship Badge with Rifle Bar (M16) * item 24 (Character of Service), Under Honorable Conditions (General) * item 25 (Separation Authority), Chapter 9, AR 635-200 * item 26 (Separation Code), JPD (Alcohol Rehabilitation Failure) * item 28 (Narrative Reason for Separation), Alcohol Abuse – Rehabilitation Failure n. He had continuous honorable service from 821013 to 890226. 5. By regulation (AR 635-8), Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable,” will have “Continuous Honorable Active Service for dates which a DD Form 214 was not issued, until the date before their current enlistment. 6. By regulation, separations under the provisions of AR 635-200, chapter 9 provides the authority and outlines the procedures for discharging soldiers for alcohol or other drug abuse rehabilitation failure. 7. 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 partial relief is warranted. The applicant’s contentions and letters of support 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. Based upon the multiple DUI offenses in the record and the applicant already receiving a general discharge, the Board concluded there was no error or injustice which would warrant making a change to his characterization of service. However, the Board did note that the applicant had prior periods of honorable service which are not currently reflected on his DD Form 214 and recommend that change be completed to more accurately depict his military service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following additional statement to block 18 (Remarks) of his DD Form 214: “Continuous honorable active service from 13 October 1982 until 26 February 1989.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization of his discharge. 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. 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 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Chapter 9 provides the authority and outlines the procedures for discharging soldiers for alcohol or other drug abuse rehabilitation failure. The soldier is entitled to request a hearing before an administrative separation board if he or she has 6 or more years of total active and reserve military service. A soldier who has less than 6 years of military service is not entitled to a board. Discharge is based on alcohol or other drug abuse such as the illegal, wrongful, or improper use of any controlled substance, alcohol, or other drug when, the soldier is enrolled in ADAPCP, or the commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. b. 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. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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 (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. 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 based on 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. 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. 4. AR 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. It states for item 18 (Remarks) to Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable”, enter “Continuous Honorable Active Service from” (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014037 2 1