ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 September 2019

	DOCKET NUMBER:  AR20190007099


APPLICANT REQUESTS:  Her under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, US. Code, Section 1552), dated 30 Apr 2019
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 13 January 1997
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service), for the period ending 1 October 2002

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.  The applicant states she believes the character of her discharge should not include 
the word misconduct.  She was pregnant outside of marriage and had a choice to stay 
in the Army or be discharged.  She would prefer an honorable discharge.

3.  The applicant enlisted in the Regular Army on 15 February 1995.  

4.  The applicant was counseled on 12 November 1996 regarding a warrant for arrest 
notification from the Christian County Court, dated 22 October 1996.  

	a.  The applicant stated she had not complied with a 22 October 1996 court order to 
make restitution within 10 working days from the court date.  Her pass privileges were 
revoked indefinitely or until the situation was resolved, with the stipulation that she could 
surrender herself and make restitution under the notification guidance.  Her leave, which 
was to begin on 12 October 1996, was revoked.  The applicant was told that this matter 
was very serious and could result in actions being taken under the Uniform Code of 
Military Justice (UCMJ) and/or separation from service.  

	b.  Her commander told her he was displeased with a situation revolving around a 
$18.77 bounced check uttered on 30 June 1996, and he directed her supervisor ensure 
she receive additional counseling concerning the role of the Army Emergency Relief 
Fund and duties and responsibilities for paying one's debts.  She was also reminded 
that she was currently under probation from Montgomery County for writing bad checks 
which would most likely come to light whether she surrendered herself to the Christian 
County Authorities or was formally arrested and escorted to the Christian County 
Sheriff's Department.

5.  The applicant was counseled on 19 November 1996.  Her DA Form 4856-R shows 
she was notified that a request for a paragraph 14-5 (conviction by civil court) 
separation was being initiated.  She was also told by her commander that he was 
recommending she received an honorable discharge.

6.  The applicant's commander notified the applicant on 26 November 1996 of his intent 
to initiate actions to separate her under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), Chapter 14, paragraph 14-5, for 
conviction by civil court.  The applicant's commander cited her conviction by the 
Clarksville-Montgomery County Court for writing checks without sufficient funds in her 
account as the basis for his recommendation.  

7.  The applicant acknowledged receipt of the notification on 11 December 1996.  She 
consulted with counsel and elected not to submit a statement in her own behalf.

8.  The applicant's commander formally recommended her separation from service on 
26 November 1996, under the provisions of Army Regulation 635-200, Chapter 14, 
paragraph 14-5, for conviction by civil court.  The separation authority approved the 
recommendation for discharge and directed that the applicant receive a general 
discharge.

9.  The applicant was discharged on 13 January 1997, under the provisions of Army 
Regulation 635-200, Chapter 14, paragraph 14-5, for misconduct – conviction by civil 
court.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) 
confirms she completed 1 year, 10 months and 29 days of net active service this period 
and her service was characterized as under honorable conditions (general).

10.  Army Regulation 635-200 sets forth the policies, standards, and procedures to 
ensure the readiness and competency of the force while providing for the orderly 
administrative separation of Soldiers for a variety of reasons.

11.  The Board should consider the applicant's provided statement in accordance with 
the published equity, injustice, or clemency determination guidance.
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The board applied Office of the Secretary of 
Defense standards of liberal consideration and clemency to the complete evidentiary 
record, including the applicant’s statement and did not find any evidence of error, 
injustice, or inequity and no supporting evidence of mitigating circumstances for the 
misconduct that led to her discharge from the Regular Army in 1997. The Board agreed 
that the applicant’s discharge characterization is appropriate and her DD Form 214 
correctly documents the reason for her discharge as misconduct.  

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

	a.  Paragraph 3-7a states 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.  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 
(including drug abuse), 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.

	c.  Paragraph 14-3 states 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.



ABCMR Record of Proceedings (cont)	 AR20190007099

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