IN THE CASE OF

BOARD DATE:  8 August 2019

DOCKET NUMBER:  AR20190008626


APPLICANT REQUESTS:  The applicant requests in effect his under other than 
honorable conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

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 requests his discharge be upgraded to honorable so he can 
qualify for VA benefits.

3.  On 5 July 1979, the applicant entered the Regular Army for four years at the age of 
19.

4.  On 7 October 1980, he was charged for:

*	Absent without leave (AWOL) from on or about 10 July 1980 to on or about 16 
July 1980
*	AWOL from on or about 22 July 1980 to on or about 11 August 1980
*	AWOL from on or about 18 August 1980 to on or about 6 October 1980

5.  On 8 October 1980, the applicant voluntarily requested discharge for the good of the 
service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), chapter 10.  He consulted with legal 
counsel and was advised of the basis for the trial by court-martial, his available rights 
and the basis for voluntarily requesting discharge under the provision of Army 
Regulation 635-200, chapter 10.  He signed a request for discharge for the Good of the 
Service and elected not to submit a statement in his own behalf.      
6.  The applicant's chain of command recommended approval of his request and the 
appropriate separation authority approved the applicant's request on 28 October 1980 
and directed the applicant receive a UOTHC discharge certificate.

7.  On 14 November 1980, he was discharged accordingly; his DD Form 214 shows he 
completed 1 year, 1 month, and 23 days

8.  Army Regulation 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.

9.  The applicant requests an upgrade so that he may receive benefits.  His record 
shows he completed high school; completed one stop unit training (OSUT); the highest 
grade he held was Private First Class (PFC).  

10.  The ABCMR is not authorized to grant requests for upgrade of discharges solely for 
the purpose of making the applicant eligible for veterans' benefits; however, in reaching 
its determination, the Board can consider the applicant's petition, his service record, and 
his statements in light of the published DOD guidance on equity, injustice, or clemency.

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, the reason for his discharge and 
whether to apply clemency.  The Board found no evidence of in-service mitigating 
factors for his misconduct and the applicant provided none; 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.  2.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), as in 
effect at the time, set forth the basic authority for the separation of enlisted personnel, it 
states:   
 
     a.  A Chapter 10 (Discharge in Lieu of Trail by Court Martial) 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 is a separation with honor.  The honorable 
characterization is appropriate when the quality of the Soldier’s service has generally 
met standards of acceptable conduct and performance of duty for Army personnel.  
 
    c.  A general discharge is a separation from the Army under honorable 
conditions.  When authorized, it is issued to a Soldier whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge.
 
3.  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)	 AR20190008626


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190008626
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ABCMR Record of Proceedings (cont)	AR20190008626


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