ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  9 April 2019

	DOCKET NUMBER:  AR20180014241


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)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 22 February 1984
*	an undated letter from the Social Security Administration

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 completed basic training and was sent to Fort Sam Houston, 
Texas for advanced individual training (AIT).  He didn’t start training because the school 
was over-booked.  He remained in a casual status for months; he started drinking and 
getting into trouble.  He was told he could get into officer training school; however, that 
didn’t happen.  The chaplain visited the barracks and discussed the discharge.  The 
applicant prayed on it because he hated cutting grass and picking up gum on the roads.  
He started getting into minor arguments with other Soldiers and thought it would be best 
if he left before something serious happened.

3.  The applicant enlisted in the Regular Army on 11 April 1983.  His record indicates he 
did not finish AIT and was not awarded a military occupational specialty (MOS).

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

*	16 August 1983, for being disorderly in conduct, using abusive language, and 
throwing a cup of yogurt at another Soldier, on or about 10 August 1983
*	30 August 1983, for breaking restriction, on or about 20 August 1983
*	13 January 1984, for driving while intoxicated, on or about 23 November 1983

5.  The applicant's immediate commander notified the applicant on 7 February 1984 of 
his intent to initiate separation actions against him under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 13, for 
unsatisfactory performance.  The specific reason cited was the applicant’s poor attitude 
and lack of motivation that resulted in him being dropped from MOS training.  
Additionally, the applicant received two Article 15s and a summarized Article 15 for acts 
of misconduct.

6.  After consulting with counsel on 8 February 1984, the applicant waived consideration 
of his case by a board of officers.  He acknowledged that he may encounter substantial 
prejudice in civilian life if he received a general discharge.  He declined to submit a 
statement in his behalf.

7.  The applicant's commander formally recommended his separation from service on 
the same date, under the provisions of Army Regulation 635-200, Chapter 13.  The 
separation authority approved the recommended discharge on 16 February 1984, and 
directed that the applicant receive an under honorable conditions (general) discharge.

8.  The applicant was discharged on 22 February 1984.  His DD Form 214 confirms he 
was discharged under the provisions of Army Regulation 635-200, Chapter 13, by 
reason of unsatisfactory performance.  His service was characterized as under 
honorable conditions.

9.  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 creditable service, no wartime service 
and no mitigating circumstances for the misconduct. The Board agreed that the 
applicant’s discharge characterization is appropriate for 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 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 requirements and procedures 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 13 provides for separation due to unsatisfactory performance when in 
the commander’s judgment the individual will not become a satisfactory Soldier; 
retention will have an adverse impact on military discipline, good order and morale; the 
service member will be a disruptive influence in the future; the basis for separation will 
continue or recur; and/or the ability of the service member to perform effectively in the 
future, including potential for advancement or leadership, is unlikely.  Service of Soldiers 
separated because of unsatisfactory performance under this regulation will be 
characterized as honorable or under honorable conditions.

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)	 AR20180014241

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