ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  16 September 2020

	DOCKET NUMBER:  AR20190009513


APPLICANT REQUESTS:  The applicant requests an upgrade of his under other than 
honorable conditions (UOTHC) discharge.

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) for period 
ending 24 January 1994
*	Three Letters/Character References
*	Certificate of Completion Mercury Marine Plant 7 Certified Trainer, dated August 
2017 with pen and ink date change of July 2018

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:

   a.  He was very young at the time of his service and made many bad decisions to 
protect and care for his family.  When he enlisted in the Army he had all the intentions of 
providing for his new family.  His girlfriend had a baby a month before he left.  Soon 
after he left she was moving from place to place with no place to live.  The applicant 
was very stressed about it so he made a bad decision and left the Army.  When he 
returned home he did a few things to obtain some quick money to provide for his family.  
   
   b.  He is now married to the same woman, purchased a house, and have two 
beautiful daughters.  He has been employed at the same company for 14 years and he 
is very active in the community.  He belongs to two committees at work and attend 
church on a regular basis.  He is asking the Board to waive the three year limitation and 
upgrade his discharge.
   
3.  On 15 October 1992, at the age of 20 years old, the applicant enlisted in the Regular 
Army for a term of 3 years.  On 27 April 1993, after completing initial entry training, the 
applicant was assigned to his unit at Fort Stewart, GA.  

4.  On 18 May 1993, 22 days after arriving to his unit, the applicant went absent without 
leave (AWOL) and on 18 June 1993, he was dropped from the unit rolls.  On 
16 November 1993, he was apprehended by civilian authorities at Kissimmee, FL and 
returned to military control.

5.  On 19 November 1993, court-martial charges were preferred against the applicant 
for one specification of being AWOL from 18 May 1993 and remaining absent until 
16 November 1993.   

6.  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.  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 AR 635-200, chapter 10.  He 
elected not to submit a statement in his own behalf.

7.  The applicant's chain of command recommended approval of his request and on 
21 December 1993, the appropriate separation authority, delegated by Memorandum, 
subject:  Delegation of Approval Authority for Chapter 10 Discharges (Paragraph 1-21, 
AR 635-200), approved the applicant's request directing he be reduced to private 
(PVT)/E-1 and he be issued a discharge under other than honorable conditions.  

8.  On 24 January 1994, he was discharged accordingly.  His service was characterized 
as UOTHC.  He completed 9 months and 12 days of net active service this period.  His 
DD Form 214 shows:

*	He was awarded or authorized:

*	National Defense Service Medal
*	Army Service Ribbon 
*	M-16 Rifle Marksman Marksmanship Qualification Badge

*	Dates of Time Lost During This Period:  930518 - 931115 (AWOL a total of 
182 days)

9.  The applicant provides:

*	Three Letters/Character References, attesting to his character as a husband, 
friend, coworker, and an employee
*	Certificate of Completion Mercury Marine Plant 7 Certified Trainer, dated August 
2017 with pen and ink date change of July 2018, showing that he successfully 
demonstrated the understanding and skills necessary to use the title

10.  The applicant states he was very young at the time of his service and made many 
bad decisions to protect and care for his family.  When he enlisted in the Army he had 
all the intentions of providing for his new family.  His record shows he enlisted at the 
age of 20 years old, court-martial charges were preferred against him for one 
specification of being AWOL, and he had 182 days lost due to being AWOL.  He 
completed 9 months and 12 days of his 3 years contractual obligation.

11.  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.

12.  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.

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 and 
length of service, his age at entry, the frequency and nature of his misconduct and the 
reason for his separation.  The Board found insufficient evidence of in-service mitigating 
factors to overcome his misconduct.  The Board considered the letters of reference and 
certificate of completion the applicant provided and found them 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.  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 (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.  An honorable discharge was a separation with honor and entitled the recipient 
to benefits provided by law.  The honorable characterization is appropriate when the 
quality of the soldier'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 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.

	c.  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.

	d.  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.  

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 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.


ABCMR Record of Proceedings (cont)	 AR20190009513

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