ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 September 2019

	DOCKET NUMBER:  AR20190008015


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States), dated 11 May 2019

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 he believes an upgrade would be the right thing to do because 
he served faithfully until the end.

3.  The applicant enlisted in the Regular Army on 10 December 1973, wherein he 
incurred a two year active duty obligation.

4.  The applicant accepted nonjudicial punishment (NJP), under the provisions of 
Article 15 of the Uniform Code of Military Justice (UCMJ), on the following dates for the 
indicated offenses:

	a.  On 14 March 1974, for being absent from his place of duty, on or about 9 March 
1974.

	b.  On 5 August 1974, for wrongfully and unlawfully possessing a controlled 
substance (1.10 grams more or less of marijuana), on or about 25 May 1974, and for 
being absent without leave (AWOL) from on or about 8 July through on or about 25 July 
1974.

	c.  On 13 March 1975, for being AWOL from on or about 16 February through on or 
about 28 February 1975.

	d.  On 26 September 1975, for failing to go at the prescribed time to his appointed 
place of duty, on or about 23 September, 24 September, and 25 September 1975.

5.  The applicant was released from active duty on 7 January 1976, under the 
provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 
chapter 2, upon completion of his required period of active service.  He was transferred 
to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve 
obligation.  He completed 2 years of net active service this period and he had 29 days 
of lost time.  His DD Form 214 shows his service was characterized as under honorable 
conditions (general).

6.  Army Regulation 635-200, in affect at that time, set forth the policies, standards, and 
procedures to insure the readiness and competency of the force while providing for the 
orderly administrative separation of enlisted members for a variety of reasons.

7.  The Board should consider the applicant's provided evidence and statement in 
accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After review of the ap plication 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.  Although the applicant completed his 2-year active duty obligation, 
during his active duty service he exhibited a pattern of behavior that supports the 
decision to characterize his service as under honorable conditions (general).  The 
applicant had no wartime service and insufficient evidence of mitigating circumstances 
for the misconduct. The Board agreed that the applicant’s discharge characterization is 
appropriate. 


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, then in effect, set forth the basic authority for the 
separation of enlisted personnel.

   a.  Paragraph 1-7 provided that because the type of separation may significantly 
influence the individual's civilian rights and eligibility for benefits provided by law, 
eligibility for reentry into service, and acceptability for employment in civilian industry, it 
is essential that all pertinent factors be considered so that the type of separation will 
accurately reflect the nature of the service rendered.  The type and character of 
separation issued upon administrative separation for current enlistment or period of 
service will be determined solely by the member's military record during that enlistment 
or period of service, plus any extensions thereof prescribed by law or by the Secretary 
of the Army, or accomplished with the consent of the member.  The evaluation of an 
individual's service and conduct will be based on his overall period of current service 
rather than any disqualifying entries in the Enlisted Qualification Record during a 
particular portion of such service.

   b.  Paragraph 1-9d(1) provided that an honorable discharge is a separation with 
honor.  Issuance of an honorable discharge will be conditioned upon proper military 
behavior and proficient performance of duty during the member's current enlistment of 
current period of service with due consideration for the member's age, length of service, 
grade, and general aptitude.  Where a member has served faithfully and performed to 
the best of his ability and has been cooperative and conscientious in doing his assigned 
tasks, he may be furnished an honorable discharge.  Where there have been infractions 
of discipline, the extent thereof should be considered, as well as the seriousness of the 
offense(s).  A member will not necessarily be denied an honorable discharge solely by 
reason of a specific number of convictions by courts-martial or actions under Article 15 
of the UCMJ.  It is the pattern of behavior and not the isolated instance which should be 
considered the governing factor in determination of character of service to be awarded.

	c.  Paragraph 1-9e(1) provided that a general discharge is a separation from the 
Army under honorable conditions of an individual whose military record is not sufficiently 
meritorious to warrant an honorable discharge.

	d.  Paragraph 1-9e(3) provided a member's service may be characterized as general 
by the commanding officer authorized to take such action or higher authority when the 
member is eligible for or is subject to separation and it has been determined, under the 
prescribed standards, that separation is warranted.
	e.  Chapter 2 provided for the separation of enlisted personnel.  Paragraph 2-18 
provided that separation will be accomplished by the transfer facility processing the 
member for separation pursuant to the discharge order issued by the appropriate 
commander.

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)	 AR20190008015

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