ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  12 September 2019

	DOCKET NUMBER:  AR20190009158


APPLICANT REQUESTS:  His under other than honorable conditions (UOTHC) 
discharge be upgraded to either an under honorable conditions (general) discharge or 
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 3 June 2019

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code, 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 made one mistake when he was in the Army and he believes 
that as a young man, making one mistake should not have affected his military record in 
such a way.  Up until he made the mistake, he had a good record in the military and his 
plan was to retire from the military.

3.  The applicant enlisted in the Regular Army on 25 January 1979.  He extended his 
enlistment for a period of 5 months on 13 March 1981 and he reenlisted in the Regular 
Army on 24 January 1982.  He was promoted through the ranks to staff sergeant/E-6.

4.  The applicant accepted nonjudicial punishment on 17 October 1984, under the 
provisions of Article 15 of the Uniform Code of Military Justice, for wrongfully using 
marijuana, on or about 14 September 1984.

5.  The facts and circumstances pertaining to the applicant's discharge are not available 
for review.  However, his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) shows he was discharged on 20 December 1984, under the provisions of Army 

Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12(c), 
for misconduct – drug abuse and his service was characterized as "Under Other Than 
Honorable Conditions."

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

BOARD DISCUSSION:

After review of the application and all evidence, and in addition to the administrative 
notes below the signature, the Board determined that there is sufficient 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 found the statement and evidence of honorable achievements in the form 
of four personal meritorious awards and at least eight years of honorable service to be 
compelling.  The Board agreed that the applicant’s case warrants clemency in that the 
applicant’s honorable service and achievements have mitigated the single act of 
misconduct that resulted in the discharge characterization.
  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

In addition to the administrative notes below the signature, the Board determined the 
evidence presented is sufficient to warrant a recommendation for relief.  As a result, the 
Board recommends that all Department of the Army records of the individual concerned 
be corrected by reissuing the applicant a DD Form 214 for the period ending “84-12-20” 
showing his characterization of service as “General Under Honorable Conditions.”
  


	  
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):

A review of the applicant's record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 20 December 1984, is missing 
important entries that may affect his eligibility for post-service benefits.  As a result, 
amend the DD Form 214 by adding the following entry to item 18 (Remarks): 
*	SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE
*	CONTINUOUS HONORABLE ACTIVE SERVICE FROM 790125 UNTIL 820123





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.  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.  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.

	c.  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.  A UOTHC discharge 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.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009158

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