IN THE CASE OF:  

BOARD DATE:  29 July 2019

DOCKET NUMBER:  AR20190008111


APPLICANT REQUESTS:  The applicant requests an upgrade of his discharge to fully 
honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 he holds the military in high esteem and he is proud to have 
served.  His reason for discharge was because of a minor infraction after a superior 
accosted him in the shower.  This has had lasting implications.  He held a secret 
security clearance that he still has to this day.   

3.  On 7 March 1985, the applicant enlisted in the Regular Army for a period of 4 years. 

4.  He was counseled on multiple occasions for not following orders and missing 
formation.  His record also shows on:

*	7 October 1985, he received non-judicial punishment (NJP) under the provisions 
of Article 15 of the Uniformed Code of Military Justice, for failing to be at his 
appointed place of duty (0600 hours physical training formation); he elected not 
to appeal
*	18 March 1986, he received NJP for disobeying a lawful order on two occasions, 
being absent without leave for 1 day, being disrespectful in language to a 
noncommissioned officer; he elected not to appeal 
*	1 April 1986, he received NJP for disobeying a lawful order; he elected not to 
appeal 

5.  On 10 April 1986, the applicant was notified by his commander of his intent to initiate 
separation action against him under the provisions of paragraph 14-12a and b of 
chapter 14, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted 
Personnel), for minor disciplinary infractions and patterns of misconduct.  The applicant 
was advised of his rights and consulted with counsel.  

	a.  He was advised by counsel of the basis for the contemplated separation action, 
its effects, and the rights available to him.  He elected not to submit statements in his 
own behalf.  

	b.  A medical examination and a mental status evaluation medically cleared the 
applicant for administrative separation.

	c.  His chain of command concurred with the separation action.    

	d.  The separation authority approved his discharge and directed he be issued a 
General Discharge Certificate.  

6.  On 16 May 1986, the applicant was discharged accordingly.  He completed 1 year, 2 
months, and 10 days of his 4 year enlistment.  The DD Form 214 he was issued shows 
an under honorable conditions character of service and no personal decorations.  

7.  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.  
This regulation states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  It is not an investigative body.  The applicant 
has the burden of proving an error or injustice by a preponderance of the evidence.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Chapter 14 establishes policy and prescribes procedures for separating 
members for misconduct.  Specific categories include minor disciplinary infractions, a 
pattern of misconduct, commission of a serious offense, and abuse of illegal drugs.  A 
discharge under other than honorable conditions is normally appropriate for a Soldier 
discharged under this chapter.   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.    

9.  In reaching its determination, the Board should consider the applicant's petition, 
service record, and statements in light of the published Department of Defense 
guidance on equity, injustice, or clemency.             
           


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence on 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 and the reason for his separation.  
The Board found insufficient evidence of in-service mitigation for 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.  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 ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  It is not an investigative body.  The applicant has the burden 
of proving an error or injustice by a preponderance of the evidence. 

3.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth 
the basic authority for the separation of enlisted personnel.  

	a.  Chapter 14 establishes policy and prescribes procedures for separating members 
for misconduct.  Specific categories include minor disciplinary infractions, a pattern of 
misconduct, commission of a serious offense, and abuse of illegal drugs.  A discharge 
under other than honorable conditions is normally appropriate for a Soldier discharged 
under this chapter.  

	b.  This regulation 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.

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 on the basis of 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)	 AR20190008111
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190008111
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ABCMR Record of Proceedings (cont)	AR20190008111


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