ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20190008052


APPLICANT REQUESTS:  The applicant requests:

*	an upgrade of her under other than honorable conditions (UOTHC) discharge to 
a general under honorable conditions discharge
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Applicant’s 
*	State of Certificate of Live Birth, issued 14 September 1965
*	Article "Only By the Grace of God"
*	Special Populations Certificate of Achievement, dated 3 May 2010
*	University of– Flint, Transcripts, issued 25 May 2011
*	Mental Health First Aid USA Certificate, dated 9 August 2016
*	Certification Board of Addiction Professionals, Certified Peer Recovery Mentor 
(CPRM-M), dated 3 January 2017
*	Certification Board of Addiction Professionals, Certified Peer Recovery Mentor 
(CPRM), dated 9 October 2017
*	Certificate of Achievement, Recovery Coach Academy

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20130014735 on 8 May 2014.

2.  The applicant submitted a DD Form 149 in which she states at the time of her 
discharge she was facing hardships in regards to her son who was six years old and in 
the care of her mother, who was an alcoholic.  She knew she was wrong for going 
absent without leave (AWOL) and not returning; however, she was 24 years old at the 
time and immature.  She had no other issues.  She believes it is unjust for her to have 
spent over 20 years with a UOTHC characterization, which is preventing her from 
claiming veteran status.  She loves her country and if she could do it all over again, she 
would.

3.  She submitted a self-authored statement in which she states:

   a.  Her UOTHC discharge has hindered her from being able to obtain her military 
benefits that she established while enlisted.  She has learned self-discipline while 
dealing with internal demons of childhood skeletons while coming from a family disease 
of alcoholism.  She eventually became entangled in her own disease of drugs and 
alcohol.  She has been 15 years clean and free from all mind altering substances and 
had become a productive member in society.  After battling a 10-year addiction, she 
gave her life to God and since then she has been giving back hope and freedom from 
active addiction.  
   
   b.  Throughout the years, she went back to school in 2007, graduating from college 
in 2009 with an Associates in Arts and Science in the field of Criminal Justice.  During 
her time in college she did her internship with the city of victim advocacy program, 
assisting individuals through the court process of restraining orders.  She has obtained 
numerous certifications.  She has a church home where she is a Sunday school teacher 
and a member of the usher board and dance ministry.  
   
   c.  She has been issued a lifetime sentence by having an UOTHC because she is 
not able to participate in veterans programs or obtain any type of financial assistance 
from the Department of Veterans Affairs (VA).  She is 53 years old and would love to be 
remembered as a veteran by her children, grandchildren, and great grandchildren.

4.  On 6 September 1989, at the age of 24 years old, she enlisted in the Regular Army 
for a term of 4 years.

5.  On 10 April 1990, the applicant went AWOL and returned on 27 April 1990.  Again 
on 9 May 1990, she went AWOL and on 10 June 1990, she was dropped from the rolls. 
On 19 November 1991, she was apprehended by civil authorities for shoplifting.  On 
26 November 1991, she appeared in district court, given credit for time served, and 
returned to military control.

6.  On 10 December 1991, court-martial charges were preferred against the applicant 
for one specification of being AWOL from 9 May 1990 and remaining absent until 
26 November 1991.

7.  The applicant voluntarily requested discharge for the good of the service in lieu of 
trial by court-martial under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel), chapter 10.  She consulted with legal counsel and 
was advised of the basis for the trial by court-martial, her available rights and the basis 
for voluntarily requesting discharge under the provision of AR 635-200, chapter 10.  The 
applicant elected not to submit a statement in her own behalf.  

8.  The applicant's immediate commander recommended approval of her request and 
on 19 December 1991, the appropriate separation authority approved the applicant's 
request directing the applicant be reduced to rank/grade of private one(PV1)/E-1 and 
she be issued a discharge under other than honorable conditions.  

9.  On 14 February 1992, she was discharged accordingly.  Her service was 
characterized as UOTHC.  She completed 10 months and 5 days of net active service 
this period.  Her DD Form 214 shows:

*	She was awarded or authorized:

*	Army Service Ribbon
*	Hand Grenade Expert Qualification Badge 
*	M-16 Marksman Marksmanship Qualification Badge

*	Dates of Time Lost During This Period:  900410-900426; 900509-911125

10.  The applicant petitioned the Army Discharge Review Board (ADRB) to upgrade her 
UOTHC discharge.  On 29 February 1996, the Army Discharge Review Board denied 
her petition based on the discharge being proper and equitable.

11.  The applicant petitioned the ABCMR to upgrade her discharge.  On 8 May 2014, 
the ABCMR denied her petition, determining that the evidence did not demonstrate the 
existence of a probable error or injustice.

12.  The applicant provides:

*	State of Certificate of Live Birth, filed 14 September 1965, 
*	An Article "Only By the Grace of God," the applicant’s biography stating, in 
pertinent part, "Mom was an absentee parent due to acute alcoholism, so 
[Applicant] was often left with an abusive stepfather.  After age twelve the native 
was enduring more personal violation than she could stand any longer and thus 
ran away –– to her great grandmother, then to mom’s best friend" 
*	Special Populations Certificate of Achievement, dated 3 May 2010, showing she 
was awarded the certificate for academic achievement
*	University of, Transcripts, issued 25 May 2011, showing the applicant earned 57 
credit hours in the program college of arts and science; majoring in criminal 
justice and minoring in substance abuse treatment
*	Mental Health First Aid USA Certificate, dated 9 August 2016, showing that she 
had been trained to provide initial help to people experiencing mental health 
problems such as depression, anxiety disorders, psychosis, and substance use 
disorders
*	Certification Board of Addiction Professionals, Certified Peer Recovery Mentor 
(CPRM-M), dated 3 January 2017
*	Certification Board of Addiction Professionals, Certified Peer Recovery Mentor 
(CPRM), dated 9 October 2017
*	Certificate of Achievement, Recovery Coach Academy, showing that she 
completed the 30-hour course
   
13.  The applicant states at the time of her discharge she was facing hardships in 
regards to her son who was six years old and in the care of her mother, who was an 
alcoholic.  She knew she was wrong for going absent without leave (AWOL) and not 
returning; however, she was 24 years old at the time and immature.  The record shows 
she enlisted at the age of 24 years old, she was convicted by the district court of 
shoplifting (court document unavailable for review), court-martial charges were 
preferred against her for going AWOL, and she had 583 days of lost time.  She 
completed 10 months and 5 days of her 48 months contractual obligation. 

14.  AR 635-200 states a Chapter 10 is a voluntary discharge request in-lieu of trial by 
court martial.  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.

15.  In reaching its determination, the Board can consider the applicant’s petition and 
service record in accordance with the published equity, injustice, or clemency 
determination guidance.

16.  In regards to the applicant's request for a personal appearance, Army Regulation 
15-185, states an applicant is not entitled to a hearing before the Board; however, the 
request for a hearing may be authorized by a panel of the Board or by the Director of 
ABCMR.

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, her apprehension by civilian 
authorities and the reason for her separation.  The Board found insufficient evidence of 
in-service mitigation for the lengthy absences.  The applicant provided no letters of 
reference; the Board considered the documentation of post-service accomplishments 
the applicant provided but found them to be insufficient to support 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.  The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.
3.  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.  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, it states:

	a.  A Chapter 10 (Discharge for the Good of the Service) is applicable to members 
who had committed an offense or offenses for which the authorized punishment 
included a bad conduct or dishonorable discharge could submit a request for discharge 
for the good of the service.  The request could be submitted at any time after the 
charges had been preferred.  Although an honorable or general discharge was 
authorized, an under other than honorable conditions discharge was normally 
considered appropriate.  

	b.  An honorable discharge was a separation with honor and entitled the recipient to 
benefits provided by law.  The honorable characterization is predicated upon proper 
military behavior and proficient performance of duty during the member's current 
enlistment or period of obligated service with due consideration for the member's age, 
length of service, grade, and general aptitude.

	c.  A general discharge was a separation from the Army under honorable conditions.  
When authorized, it was issued to a Soldier whose military record was satisfactory but 
not sufficiently meritorious to warrant an honorable discharge.

	d.  When a member is to be issued a discharge under other than honorable 
conditions, the convening authority will direct his immediate reduction to the lowest 
enlisted grade.

2.  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. 

   a.  The guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority.
   
   b.  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.

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  The ABCMR has the 
discretion to hold a hearing; applicants do not have a right to appear personally before 
the Board.  The Director or the ABCMR may grant formal hearings whenever justice 
requires.

ABCMR Record of Proceedings (cont)	 AR20190008052

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