ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  . 

	BOARD DATE:  9 September 209

	DOCKET NUMBER:  AR20190006357


APPLICANT REQUESTS:  

	a.  Her dishonorable discharge be upgraded to either an under honorable conditions 
(general) discharge or an honorable discharge; and

	b.  Correction of her DD Form 214 (Certificate of Release or Discharge from Active 
Duty), for the period ending 16 March 1990, to change the narrative reason for 
separation, separation authority, and separation code to show she was separated by 
"Secretarial Authority."

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)
*	A brief from her counsel containing 31 exhibits including the applicant's:

*	a 17-page summary by counsel requesting clemency 
*	a seven page statement by the applicant
*	two enlistment documents
*	copies of her military service records
*	service medical treatment records
*	records of nonjudicial punishment (NJP) under Article 15 of the Uniform Code 
of Military Justice (UCMJ)
*	general court-martial transcript and orders
*	discharge orders
*	post-service treatment records
*	post-service collegiate information
*	Connecticut (CT) Attorney General Citations, 2011-2015
*	two letters of recommendation
*	photos of her family 
*	Army Board For Correction of Military Records (ABCMR) proceedings as a 
clemency reference 
*	three photos of herself and with her daughter
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.  Through counsel, the applicant sets forth her military career, reasons for her 
addiction, and her post-service efforts to overcome her addition.  Counsel states the 
applicant has recovered from her addiction, sustained a remarkable decade-plus of 
sobriety from crack cocaine, and has rebuilt her life into one of dignity, service, and 
community leadership.  She would like to work with incarcerated women and her current 
discharge bars her from doing so.  She seeks the issuance of a new DD Form 214 with 
an honorable or, failing that, a general, under honorable conditions character of service, 
and a narrative reason for separation, separation authority, and separation code 
reflecting "Secretarial Authority."

3.  The applicant enlisted in the Regular Army on 27 August 1985 and reenlisted on  
2 May 1988.  During her first enlistment she was awarded an Army Achievement Medal. 

4.  The applicant received NJP, under the provisions of Article 15 of the UCMJ, on the 
following dates for the indicated offenses:

*	on 8 December 1988, for theft of a watch, failure to go to her place of duty, 
disobeying a lawful order from an noncommissioned officer, making a false 
official statement
*	on 22 December 1988, for illegal use of cocaine 

5.  Following her NJP for illegal use of cocaine, her command initiated separation action 
under Army Regulation 635-200 (Personnel Separations – Enlisted Personnel),  
Chapter 14, for misconduct illegal drug use.  This process was halted at the request of 
the U.S. Army Criminal Investigation Command (CID).  

6.  Court-martial charges were preferred against the applicant on 15 May 1989 for 
violations of the UCMJ.  Her DD Form 458 (Charge Sheet) shows she was charged with 
two specifications of distribution of cocaine and for being absent without leave from on 
or about 23 April through on or about 5 May 1989.

7.  In accordance with a pretrial agreement, a general court-martial, before a judge only, 
found the applicant guilty of all charges and specifications on 2 August 1989.  The 
applicant was sentenced to confinement for 18 months and to be separated from 
service with a dishonorable discharge.  In accordance with her plea agreement, 
forfeiture of pay and allowances was not imposed and her allotment to support her 
children was continued.

8.  The appropriate authority approved the findings and sentence on 25 August 1989 
and directed that, except for the discharge, the sentence be executed and the case be 
referred to the U.S. Army Court of Military Review for appellate review.  

9.  General Court-Martial Order Number 102, issued by the U.S. Army Correctional 
Brigade, Fort Riley, Kansas on 20 February 1990, noted that the findings and sentence 
had been affirmed and directed that the dishonorable discharge be executed. 

10.  The applicant was discharged 16 March 1990, under the provisions of Army 
Regulation 635-200, Chapter 3, Section IV.  Her DD Form 214 confirms the following 
entries in:

*	Item 24 (Character of Service), the entry "Dishonorable"
*	Item 25 (Separation Authority), the entry "AR 635-200, CH 3, SEC IV"
*	Item 26 (Separation Code), the entry "JJD"
*	Item 27 (Reentry Code), the entry "4"
*	Item 28 (Narrative Reason For Separation), the entry "As A Result of Court-
Martial"

11.  The available records indicate the applicant did not receive any drug or alcohol 
treatment or rehabilitation while on active duty.

12.  Between the time of her discharge and 2008, the applicant reports being arrested 
and incarcerated on several occasions and repeatedly failing in sobriety programs.  In 
June 2008, she reconnected with an old friend, herself a recovering addict, and 
received assistance through the CT Community for Addiction Recovery (CCAR).  
Through the CCAR program, and with one on one counseling from her friend, she was 
finally able to get clean and sober and has remained so. 

13.  The applicant's post?service accomplishments include:

*	she earned a CT State Certificate as a certified nurse aide 
*	she earned an Associate in Science Degree in drug and alcohol counseling
*	she continues working toward a Bachelor's Degree in Psychology
*	she volunteered over 2000 hours to CCAR
*	she earned a certificate for Recovery Couch Training
*	she received State of Connecticut Office of the Attorney General's citations, 
2010-2015, for outstanding dedication to the CCAR 
*	she earned the U.S. President's Volunteer Service Award for 2010-2015

14.  The Board may consider the applicant's first period of honorable service, award of 
the Army Achievement Medal, her long road to a successful completion of her own drug 
and alcohol rehabilitation, post-service education efforts, extensive drug recovery 
assistance volunteer work, and the State and Presidential Volunteer citations for 
consideration granting relief 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, her record of 
service, the frequency and nature of her misconduct, the results of the general court-
martial and the reason for her separation.  The Board found no in-service mitigation for 
the misconduct and did not find evidence of an error that would support a change to the 
reason for her separation.  The Board considered the applicant provided evidence of 
post-service achievements and found them sufficient to support clemency.  Based on a 
preponderance of evidence, the Board determined that an upgrade of the character of 
service the applicant received upon separation was supported as a matter of clemency.  
The Board concurs with the corrections as stated in the Administrative Note(s) below.  

2.  After reviewing the application and all supporting documents, the Board determined 
that partial relief was warranted.   ?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, in addition to the corrections stated in the 
Administrative Note(s) that follow, the Board recommends that all Department of the 
Army records of the individual concerned be corrected by amending her DD Form 214 
for the period of service ending 16 March 1990 to reflect in item 24 (Character of 
Service) – “Under honorable conditions (General)” vice “Dishonorable.”

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to an upgrade to Honorable or changing the reason for 
separation.



	  
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 her DD Form 214, for the period ending 
16 March 1990, is missing important entries that affect her eligibility for post-service 
benefits.  As a result, amend the DD Form 214 by adding the following entries to  
item 18 (Remarks): 

*	IMMEDIATE REENLISTMENTS THIS PERIOD FROM 850827 UNTIL 880501
*	SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE

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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that 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.

3.  Army Regulation 635-200 sets forth the basic authority 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.  Paragraph 3-7b provides that 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. 
A characterization of under honorable conditions may be issued only when the reason 
for the Soldier’s separation specifically allows such characterization.

c.  Paragraph 3-11 provides that a Soldier will be given a BCD/DD only pursuant to an 
approved sentence of a general or special court-martial.  The appellate review must be 
completed and the affirmed sentence ordered duly executed.  

4.  Court-Martial convictions stand as adjudged or modified by appeal through the 
judicial process.  In accordance with Title 10, U.S. Code, Section 1552, the authority 
under which this Board acts, the ABCMR is not empowered to set aside a conviction.  
Rather it is only empowered to change the severity of the sentence imposed in the 
court-martial process and then only if clemency is determined to be appropriate.  
Clemency is an act of mercy, or instance of leniency, to moderate the severity of the 
punishment imposed.

5.  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.

ABCMR Record of Proceedings (cont)	 AR20190006357
	
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