IN THE CASE OF:  

		BOARD DATE:  31 March 2020

		DOCKET NUMBER:  AR20190002085


APPLICANT REQUESTS: his under other than honorable conditions discharge be 
upgraded to an under honorable conditions (general) discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge) in lieu of DD Form 149 
(Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 30 October 2013, member copy #1
*	A United States District Court, Western District of - Probation Office letter, 
subject: Termination From Supervised Release, dated 25 March 2017 

FACTS:

1.  The applicant states, in effect, that he has completed the terms and conditions of his 
probation that resulted in the termination of his service prior to his expiration term of 
service (ETS).  He completed his probation on 25 March 2017 and has since struggled 
to find permanent employment to provide for his family.  He states he is need of medical 
assistance due to a service injury and in need of veteran services; however, needs to 
his discharge upgraded to procure those services/benefits.  

2.  The applicant enlisted in the Regular Army on 8 April 2008.  

3.  A review of his available record contains no evidence, nor does he provide any 
evidence, of any medical condition or injury occurring during his military service. 

4.  The applicant's record is void of a separation packet containing the specific facts and 
circumstances surrounding his discharge process.  However, his record contains a 
DD Form 214 that was authenticated by his digital signature, which identifies the 
authority and reason for his discharge.

5.  The applicant's DD Form 214 shows he was discharged on 30 October 2013, under 
the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative 
Separations), chapter 14-12 (c), misconduct - serious offense.  He was discharged in 
the rank/grade of private/E-1 and his service was characterized as under other than 
honorable conditions.  He had completed 5 years, 6 months, and 23 days of net active 
service.  This form further shows he served in Iraq from 26 July 2011 through  
24 November 2011, a period of 3 months and 29 days. 

6.  The applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade 
of his discharge.  The ADRB determined he was properly and equitably discharged and 
denied his request on 8 November 2017.  

7.  The applicant provides a United States District Court, Western District of - Probation 
Office letter, subject: Termination from Supervised Release, dated 25 March 2017, 
which advises the applicant the he satisfied all the conditions of his probation and his 
term of supervision had expired as of 25 March 2017 for an unspecified felony.  

8.  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.

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




BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his record of 
service to include service in Iraq, the unspecified nature of his misconduct, the absence 
of a separation packet and the reason for his separation.  The Board considered the 
document he provided regarding his probation.  The Board found insufficient evidence 
of in-service mitigation to overcome misconduct and the applicant provided insufficient 
evidence of post-service achievements or letters of reference to support a clemency 
determination.  Based on a preponderance of evidence, the Board determined that the 
character of service the applicant received upon separation was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.




























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.













REFERENCES:

1.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army acting through the ABCMR.  
It is not an investigative agency.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.

     a.  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.  A general discharge is a separation from the Army under honorable conditions.  
When authorized, it is issued to Soldiers whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge.

     c.  Chapter 14 establishes policy and prescribes procedures for separating members 
for misconduct.  Specific categories include minor disciplinary infractions (a pattern of 
misconduct consisting solely of minor military disciplinary infractions), a pattern of 
misconduct (consisting of discreditable involvement with civil or military authorities or 
conduct prejudicial to good order and discipline), commission of a serious offense, and 
convictions by civil authorities.  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 appropriate 
for a Soldier discharged under this chapter.  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)	 AR20190002085


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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