BOARD DATE:  6 September 2019

DOCKET NUMBER:  AR20190006644


APPLICANT REQUESTS:  The applicant request his under honorable conditions 
(general) discharge be upgraded to honorable.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Applicant Statement

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 at the time of his enlistment, he was young, immature, and 
unable to handle the free time he was given, therefore he made stupid and immature 
decisions.  The decisions caused him to have a negative impact on being a Soldier.  If 
he could do it over again, the outcome would be more favorable.  He would have been 
the Soldier the military would have been proud of.  

3.  On 27 January 1981, the applicant enlisted in the Regular Army for three years at 
the age of 19.

4.  On 5 May 1981, the applicant received non-judicial punishment (NJP) for wrongfully 
use of marijuana.

5.  On 4 January 1982 and again on 29 November 1982, he received NJP for failing to 
go at the prescribe time to his appointed place of duty.

6.  A Bar to Enlistment/Reenlistment Certificate dated 7 December 1982, shows his 
commander initiated a bar to reenlistment.  The applicant acknowledged the bar and 
elected not to submit a statement on his behalf.  The command recommended he be 
barred from reenlistment for un-trainability or unsuitability, for specifically: 

*	Indebtness 
*	Twice for failure to follow instructions 
*	Poor personal appearance 
*	Twice for failure to report (FTR) 

9.  On 5 January 1983, the appropriate authority approved the Bar to Reenlistment and 
instructed the correspondence would be placed permanently in his personnel records; 
the remark, “Not recommended for further service”, will be entered on his qualification 
record; the bar would be reviewed by the unit commander and would be considered for 
removal if the applicant had proven himself worthy of retention.  

10.  On 23 February 1983, the applicant was notified by his commander he was being 
considered for separation under the provisions of Chapter 13, Army Regulation (AR) 
635-200 (Active Duty Enlisted Administrative Separations), for unsatisfactory 
performance and advised him of his rights.  The applicant was advised by legal counsel, 
acknowledged that he understood his available rights, and stated he would not be 
submitting statements on his own behalf.

11.  On 28 February 1983, the commander recommended he be separated under the 
provisions of paragraph 13 for unsatisfactory performance.  He had numerous 
counseling statements and incidents of being late to or absent from formations; failing to 
inform his supervisors of his whereabouts; unsatisfactory appearance; two NJP’s.  The 
applicant stated he feels he cannot change his attitude or personality to move up in the 
ranks to the NCO corps.  Rehabilitative attempts were made.  Disposition by other 
means other than separation are not feasible or appropriate because he gave no 
indication that he was willing to change his attitude about the way he conducted himself 
within the service or as a Soldier.   

12.  On 15 February 1983, the applicant underwent a medical/mental evaluation which 
showed he was qualified for a chapter 13 separation and on 8 March 1983, the 
appropriate authority approved the recommendation for separation.  He directed he be 
furnished a general discharge certificate and transferred to the Individual Ready 
Reserve.  

13.  On 16 March 1983, his discharge was reviewed and was deemed administratively 
correct; his separation processing was scheduled for 21 March 1983.

14.  On 22 March 1983, the applicant was discharged accordingly; he served 2 years, 1 
month, and 26 days.  The applicant’s record shows he earned completed one stop unit 
training (OSUT), earned the parachute badge.  The highest rank he held was Private 
(E-2). 

15.  Army Regulation 635-200 (Personnel Separations) sets forth the requirements and 
procedures for administrative discharge of enlisted personnel.  Chapter 13 of this 
regulation, in effect at the time, provided for separation due to inaptitude, personality 
disorder, apathy and homosexuality.  Paragraph 13-4c provided for the separation of 
individuals for unsuitability whose record evidenced apathy (lack of appropriate 
interest), defective attitudes, and an inability to expend effort constructively.  The 
regulation requires that separation action will be taken, when in the commander’s 
judgment the individual will not develop sufficiently to participate satisfactorily in further 
military training and/or become a satisfactory Soldier.  When separation for unsuitability 
was warranted an honorable or general discharge was issued as determined by the 
separation authority based upon the individual’s entire record.

16.  In reaching its determination, the Board can consider the applicant’s submissions, 
his petition, and his service record in accordance with the published equity, injustice, or 
clemency 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, the frequency and nature of his misconduct, a bar to reenlistment and the 
reason for his separation.  The Board found insufficient evidence of in-service mitigation 
to overcome the misconduct and the applicant provided no evidence of post-service 
achievements or letters of reference in support of 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.


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.  AR 635-200, in effect at the time, set forth the basic authority for the separation of 
enlisted personnel. It provides:  
 
     a.  Chapter 13 established policy and prescribed the procedures for separating 
individuals for unfitness or unsuitability.  Paragraph 13-5b(3), provided for an 
unsuitability discharge due to apathy, which included those individuals who displayed a 
lack of appropriate interest and/or an inability to expend effort constructively.  When 
separation for unsuitability was warranted an honorable or general discharge was 
issued, as determined by the separation authority based upon the individual’s entire 
record.
 
     b.  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. 
 
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 (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 based on 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)	 AR20190006644
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190006644
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ABCMR Record of Proceedings (cont)	AR20190006644


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