BOARD DATE:  23 May 2019

DOCKET NUMBER:  AR20180015613


APPLICANT REQUESTS:  The applicant requests in effect his under other than 
honorable conditions (UOTHC) discharge be upgraded to general, under honorable 
conditions.  

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 believes his time in service is not reflected correctly.  

3.  On 28 June 1974, the applicant entered the Regular Army.

4.  On 23 July 1974, he received non-judicial punishment (NJP) for failing to obey a 
lawful order.

5.  The applicants’ personnel qualification record shows he was listed absent without 
leave (AWOL) on or about 1 October 1974.  

6.  On 27 October 1974, a report for suspension of favorable personnel actions shows 
the applicant was listed as being apprehended by civilian authorities, charged with theft 
of a person and AWOL.  He was sentenced a $50.00 fine and 9 months probated 
sentence.  

7.  On 5 November 1974, a personnel action shows he was sent to pretrial confinement 
pending a courts-martial.

8.  On 8 January 1975, discharge orders were published with an effective date of 
discharge as 10 January 1975 and type of discharge as an undesirable discharge.

9.  His record is void of a separation packet.  His DD Form 214 shows:  

*	Effective Date:  10 January 1975
*	Net Active Service:  0 years, 6 months and 2 days 
*	Authority and Reason:  CHAP 10 AR 635-2 SPD KFS
*	Type of Separation:  Discharge 
*	Character of Service:  Under Other Than Honorable Conditions
*	Lost Time:  11 days
10.  His DD Form 214 does not reflect the proper authority and reason, which will be 
addressed under administrative notes of this record of proceedings.  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.
11.  His record shows he went AWOL during his advanced individual training (AIT), 
returned and completed the school earning his military occupational skill (MOS) as a 
field artillery surveyor.  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:

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 no mitigating circumstances for the 
misconduct.  The Board agreed that the applicant’s discharge characterization is 
appropriate.  The Board also agreed that there is no evidence in the record of an error 
in the applicant’s time is service and the applicant provided no evidence of such an 
error.


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:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined 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 (Report of Separation Form 
Active Duty), for the period ending 10 January 1975, contains erroneous important 
entries.  As a result, issue him a new DD Form 214 correcting the following information:

*	Item 9c Authority and Reason CHAP 10 AR 635-200


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 (Active Duty Enlisted Administrative Separations), as in 
effect at the time, set forth the basic authority for the separation of enlisted personnel, it 
states:   
 
     a.  A Chapter 10 (Discharge in Lieu of Trail by Court Martial) 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 is a separation with honor.  The honorable 
characterization is appropriate when the quality of the Soldier’s service has generally 
met standards of acceptable conduct and performance of duty for Army personnel.  
 
     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.
 
x.  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.
ABCMR Record of Proceedings (cont)	 AR20180015613
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ABCMR Record of Proceedings (cont)	AR20180015613


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