ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20190003504


APPLICANT REQUESTS:  The applicant requests:

*	an upgrade of his general under honorable conditions discharge to an honorable 
discharge
*	correction of his separation code (separation program designator (SPD) code)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) for period 
ending 21 August 1998
*	Applicant’s Regular Identification (ID) Card

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 his separation was short of two years.  The Board should 
consider his application in the interest of justice due to the fact he is a veteran of the 
U.S. Army.

3.  On 28 August 1996, at the age of 18 years old, the applicant enlisted in the Regular 
Army for a term of 2 years and 17 weeks.  

4.  His record shows on 5 August 1998, the immediate commander notified the 
applicant that he was considering taking action by nonjudicial punishment (NJP) against 
him.  On 13 August 1998, he accepted NJP for:

*	willfully disobeying a lawful order from a noncommissioned officer (NCO)
*	being derelict in the performance of his duties
*	failing to go at the time prescribed to his appointed place of duty on two 
occasions
*	dishonorably failing to pay just debt to the Municipal Court of Borough of 
Eatontown in the sum of $700.00
*	for being absent without leave (AWOL) from 4 August 1998 and remained absent 
until 4 August 1998

5.  On 5 August 1998, the applicant’s immediate commander notified the applicant that 
he was initiating separation actions against him under the provisions of Army Regulation 
(AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, Section III, 
paragraph 14-12a, for minor disciplinary infractions – failures to repair, dishonorably 
failing to pay just debts, insubordination towards a noncommissioned officer, and 
dereliction of duty.  

6.  The applicant acknowledged he had been notified of the pending separation action 
against him and he had been advised by his consulting counsel of the basis for the 
contemplated action, understood his rights, and elected not to submit statements in his 
own behalf.  
7.  The memorandum from the Commander, Headquarters, U.S. Army Medical 
Department Activities, Fort Monmouth, NJ, dated 13 August 1998, revealed  The 
applicant received an NJP for driving while intoxicated (DWI), drinking alcohol as a 
minor, and refusal to submit to a breathalyzer.  The commander stated:

   a.  The applicant was counseled repeatedly on the Army’s expectations and his 
conduct.  He was reassigned to a new section to make sure he was given the 
opportunity to start over, under a new supervisor.  He received one on one counseling 
from Army Community Services.  He also attended the Alcohol and Drug Abuse 
Prevention and Control Program (ADAPCP).  He was referred to social work services 
on numerous occasions and afforded the opportunity to see legal counsel, inspector 
general, and the chaplain. 

   b.  He had no desire to be a Soldier.  He did not want to keep his end of the 
enlistment contract.  Numerous man-hours had been dedicated to the counseling and 
caring of the applicant without success.  He clearly had no potential for useful service 
under conditions of full mobilization.

8.  The intermediate commander recommended approval of the recommendation for 
separation and the appropriate commander approved the recommendation for 
separation, directing the applicant be issued a general under honorable conditions 
discharge.

9.  On 21 August 1998, the applicant was released from active duty under the 
provisions of AR 635-200, paragraph 14-12a with separation code "JKN."  His service 
was characterized as general under honorable conditions.  He completed 1 year, 
11 months, and 24 days net active service this period with lost time from 4 August 1998 
to 4 August 1998 (1 day).  His DD Form 214 shows he was awarded or authorized:

*	Army Service Ribbon
*	Army Lapel Button
*	M-16 Rifle Marksmanship Qualification Badge
*	Hand Grenade Expert Marksmanship Qualification Badge 


10.  The applicant provided his Regular Identification (ID) Card, which shows the 
applicant’s personal information.

11.  The applicant states his separation was short of two years.  The Board should 
consider his application in the interest of justice due to the fact he is a veteran of the 
U.S. Army.  His record shows he enlisted at the age of 18 years old, he received two 
NJPs, one of which was for driving while intoxicated, and he was AWOL for one day.  
He served 23 months and 24 days of his 28 months and 1 week (2 years and 17 weeks) 
contractual obligation.

12.  AR 635-200, Chapter 14 (Misconduct), Section III, paragraph 14-12a, in effect at 
the time, was a separation for minor disciplinary infractions.  The issuance of a 
discharge under other than honorable conditions (UOTHC) was normally considered 
appropriate for discharges under Chapter 14.  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.

13.  AR 635-5-1 (Separation Program Designator (SPD) Codes), provided SPD code 
"JKN" was the appropriate code to assign enlisted Soldiers who were involuntarily 
released from active duty under the provisions of AR 635-200, paragraph 14-12a, for 
misconduct––minor disciplinary infractions.

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


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, the frequency and nature of his misconduct and whether to apply clemency.  
The Board found no mitigating factors and the applicant provided none.  The Board 
determined that the character of service the applicant received at 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.


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 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, set forth the basic authority for the administrative separation of 
enlisted personnel.  Chapter 14 of the regulation dealt with separation for various types 
of misconduct.  The issuance of a discharge under other than honorable conditions 
(UOTHC) was normally considered appropriate for separations under the provisions of 
chapter 14.  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.

   a.  Paragraph 14-12a provided for the separation of a Soldier due to a pattern of 
misconduct consisting solely of minor military disciplinary infractions.  
   
   b.  An honorable discharge was a separation with honor and entitled the recipient to 
benefits provided by law.  The honorable characterization was appropriate when the 
quality of the member’s service generally had met the standards of acceptable conduct 
and performance of duty for Army personnel, or was otherwise so meritorious that any 
other characterization would have been clearly inappropriate.  
   
3.  AR 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, 
provided the specific authorities (regulatory or directive), reasons for separating 
Soldiers from active duty, and the SPD code to be entered on the DD Form 214.  SPD 
code "JKN" was the appropriate code to assign enlisted Soldiers who were involuntarily 
released from active duty under the provisions of AR 635-200, paragraph 14-12a, for 
misconduct––minor disciplinary infractions.

4.  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 regarding equity, injustice or clemency determinations. 
Clemency generally refers to relief specifically granted from a criminal sentence and 
BCMRs 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 discharge, which may be 
warranted on equity or relief from injustice grounds. The 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, an injustice, or clemency grounds, BCMRs shall consider the twelve stated 
principles in the guidance as well as eighteen individual factors related to the applicant.

ABCMR Record of Proceedings (cont)	 AR20190003504

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