IN THE CASE OF:  

BOARD DATE:  7 November 2019

DOCKET NUMBER:  AR20190003430


APPLICANT REQUESTS:  The applicant requests his service characterization of under 
other than honorable conditions discharge be upgraded to under honorable conditions 
(general).

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 would like to be considered for a general discharge because 
he did receive and honorable discharge when he reenlisted.  He served his country 
honorably; he did make a mistake and would like to be forgiven.

3.  On 1 April 1997, the applicant enlisted in the Regular Army at the age of 19.  
Although his record is void of a personnel qualification record (PQR), available 
information shows he was a wire systems installer (31L), and he was awarded the Army 
Good Conduct Medal (GCMDL) prior to his reenlistment.  On 19 June 2000 he 
reenlisted for a period of four years.

4.  On 2 July 2002, the applicant’s duty status was changed from present for duty to 
absent without authority (AWOL). 

	a.  On the same date his unit commander received a memorandum from Directorate 
of Community Activities, subject:  Rehabilitation Status – [the applicant].  The clinical 
supervisor noted the applicant’s commander, as a member of the rehabilitation team 
was responsible for determining the applicant’s progress. In summary the applicant was 
seen as a walk-in self-referral for marijuana use.  On 7 February 2002 he returned for a 
full intake screening and was recommended for 16 hours of Alcohol Drug Abuse 
Prevention Training and Track II group counseling.  On 6 June 2002 he completed the 
program and was released. He attended 6 group sessions and missed 6 appointments 
(unexcused).  

     b.  On 31 May 2002 the applicant submitted a urine sample prior to being released 
and tested positive for Tetrahydrocannabinol (THC).  He did not give any indication 
while in group that he was experiencing problems not using marijuana.  This along with 
his missed absences indicated he did not see his use as problematic or see a need to 
stop use.  His attitude toward illegal drug usage make him a poor candidate for 
rehabilitation efforts.  

5.  On 30 July 2002, the applicant’s duty status was changed from AWOL to present for 
duty.  

6.  On 5 September 2002, he received non judicial punishment (NJP) on:

*	21 May and 19 June 2002, fail to go to his appointed place of duty- formation
*	28 June to 29 July 2002, AWOL
*	17 August 2002, willfully disobey a lawful order from a noncommissioned officer 
(NCO) to take name tags off trucks of Soldier’s no longer in unit
*	19 August 2002, willfully disobey an order to report for a 100 percent urinalysis
*	29 June and 29 July 2002, wrongful use marijuana 

7.  On 6 September 2002, as directed by the applicant’s commander, the applicant 
underwent a medical examination for separation. 

8.  On 20 September 2002 he underwent a mental health examination and the 
psychologist found he was mentally responsible and possessed a sufficient mental 
capacity to be cleared for administrative separation.

9.  On 26 September 2002, the applicant was notified by his commander that he was 
initiating action to separate him under the provisions of Army Regulation (AR) 635-200, 
(Active Duty Enlisted Administrative Separations) paragraph 14-12c, misconduct – 
abuse of illegal drugs; he went AWOL from 1 July 2002 to 29 July 2002, abuse of illegal 
drugs, and his behavior continued after several counseling statements and reprimands 
by his chain of command. The applicant acknowledged being notified for the 
contemplated separation action against him; he was made aware of his available rights 
and consulted with legal counsel indicating he would submit a statement on his own 
behalf.  His record is void of a statement.  He also, voluntarily waived consideration of 
his case by an administrative separation board and understood the waiver does not 
preclude him from receiving an under other than honorable characterization of service.  

10.  The applicant’s commander recommended he be discharged under the provisions 
of AR 635-200, Chapter 14-12c for misconduct specifically for being AWOL from 1 July 
2002 to 29 July 2002 and abuse of illegal drugs, issuing an under other than honorable 
conditions discharge.  His intermediate commander’s recommended approval and 
recommended that rehabilitation requirements be waived if they have not been met.  

11.  On 10 October 2002, the appropriate authority approved the recommendation for 
discharge of the applicant and directed he be issued an under other than honorable 
discharge and not be transferred to the individual ready reserve (IRR).

12.  On 15 October 2002, the applicant was discharged accordingly; his DD Form 214 
shows he completed 5 years, 6 months, and 15 days of net active service.  
Approximately 28 day’s loss.  He was awarded or authorized:  

*	Army Achievement Medal
*	Army Good Conduct Medal 
*	National Defense Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon

13.  AR 635-200, Chapter 14 separates members who demonstrate or display patterns 
of misconduct, as evidenced by his multiple instances of misconduct and 
counseling.  Paragraph 1-18 states, Commanders will insure that adequate counseling 
and rehabilitative measures have been taken before initiating action to separate a 
member. Waiving rehabilitation applies when it would not be in the best interest of the 
Army as it would not product a quality Soldier.

14.  The applicant states he would like to be considered for an honorable discharge 
because of his previous honorable service; although he made a mistake he did serve 
his country honorably.  His records show he did serve honorably from the date of his 
enlistment on 1 April 1997 to the day prior to his reenlistment on 19 June 2000.  

15.  In reaching its determination, the Board can consider the applicant's petition, his 
service record, and his statements in light of the published guidance on equity, injustice, 
or clemency. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, regulatory requirements, and published DoD guidance for 
consideration of discharge upgrade requests.  The Board considered the applicant’s 
statement, his full record of service, the frequency and nature of his misconduct and the 
reason for his separation.  The board noted that his first period of service was honorable 
prior to his reenlistment.  The Board also noted that applicant had been awarded the 
Army Good Conduct Medal and an Army Achievement Medal.  Considering the 
applicant’s full military service record, the Board determined that a final character of 
service as general under honorable conditions would be equitable.

2.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by:

	a.  Showing that his character of service for the period ending 15 October 2002 as 
general under honorable conditions

	b.  Issuing him a new DD Form 214 showing character of service as general under 
honorable conditions.

	c.  Showing on his new DD Form 214 in remarks, “Immediate Reenlistment this 
period - - 2000718-20021015 Honorable Service”

 

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 his record shows his DD Form 214 is missing pertinent information.  As a 
result add to item 18 (Remarks) "Continuous Honorable Service from 1 April 1997 to 18 
June 2000" 




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 635-5 (Separation Documents) prescribes policy and procedures 
regarding separation documents, it states in the preparation of the DD Form 214 for 
soldiers who have previously reenlisted without being issued a DD Form 214 and are 
separated with any characterization of service except "Honorable," enter in item 18 
(Remarks) "Continuous Honorable Active Service From (first day of service which DD 
Form 214 was not issued) until (date before commencement of current enlistment).   

3.  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 a Soldier 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.  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 
UOTHC discharge 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.  Only a general court-martial convening authority may 
approve an honorable discharge or delegate approval authority for an honorable 
discharge under this provision of regulation.
 
     d.  Paragraph 14-12c provides for the separation when there is a pattern of 
misconduct involving acts of drug abuse 
 
     e.  Paragraph 1-18 waives the rehabilitation transfer because it would not be in the 
best interest of the Army as it would not product a quality Soldier
 
4.  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)	 AR20190003430


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190003430


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ABCMR Record of Proceedings (cont)	AR20190003430


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