IN THE CASE OF:  

BOARD DATE:  19 December 2019

DOCKET NUMBER:  AR20190013149


APPLICANT REQUESTS:  His under other than honorable conditions (UOTHC) 
discharge be upgraded to an under honorable conditions (general) discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), dated 7 August 2019
*	Special Orders Number 130, issued by Headquarters, Fort Gordon, Fort Gordon, 
Georgia on 4 June 1957
*	Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of 
Claim), dated 7 June 2019
*	National Archives (NA) Form 13038 (Certification of Military Service), issued on 
30 July 2019
*	Letter to the Army Review Boards Agency, dated 7 August 2019
*	Letter from National Personnel Records Center (NPRC), dated 24 October 2019

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. 
Code (USC), 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’s military records are not available for review.  A fire destroyed 
approximately 18 million service members’ records at the NPRC in 1973.  It is believed 
that the applicant’s records were lost or destroyed in that fire.  However, there were 
sufficient documents provided by the applicant to conduct a fair and impartial review of 
this case.

3.  The applicant states he was targeted by a lieutenant who sneaked up behind him 
and flicked his ear; a year later, he ended up as his commanding officer.  That 
lieutenant court-martial him for leaving guard duty to assist with a bad auto accident that 
happened across the street from the main gate.  He is unable to provide evidence due 
to the NPRC fire in 1973.
4.  The applicant was entered the Regular Army on 26 August 1955.

5.  The facts and circumstances surrounding the applicant's discharge are not available.  
However, Special Orders Number 130, issued by Headquarters, Fort Gordon, Fort 
Gordon, Georgia on 4 June 1957, shows he was released from the 519th Signal 
Company under the provisions of Army Regulation 635-208 (Personnel Separations – 
Discharge – Unfitness) and discharged from military service effective 6 June 1957.  He 
was issued a DD Form 258A (Undesirable Discharge Certificate).

6.  The applicant provides a copy of a Certification of Military Service that shows he was 
a member of the Regular Army from 26 August 1955 through 6 June 1957 and his 
service was terminated by an "other than honorable" discharge. 

7.  The Board should consider the applicant's statement 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, the belief that his 
records were destroyed in the fire at the NPRC in 1973, the absence of a separation 
packet, the reason for his separation and whether to apply clemency.  The Board found 
insufficient evidence of in-service mitigation 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

:XXX	:XXX	:XX	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 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 (Active Duty Enlisted Administrative Separations) sets forth 
the basic authority for the separation of enlisted personnel.  

   a.  Paragraph 3-7a 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.

   b.  Paragraph 3-7b provides that 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 HD.  A 
characterization of under honorable conditions may be issued only when the reason for 
the Soldier’s separation specifically allows such characterization.

3.  Army Regulation 635-208, then in effect, set forth the basic authority for separation of 
enlisted personnel for unfitness.  The regulation stated that individuals would be 
discharged by reason of unfitness with an undesirable discharge, unless the particular 
circumstances in a given case warranted a general or honorable discharge, when it had 
been determined that an individual's military record was characterized by one or more of 
the following:  

*	frequent incidents of a discreditable nature with civil or military authorities 
*	sexual perversion including but not limited to, lewd and lascivious acts, indecent 
exposure, indecent acts with or assault upon a child, or other indecent acts or 
offenses
*	drug addiction or the unauthorized use or possession of habit-forming narcotic 
drugs or marijuana
*	an established pattern for shirking
*	an established pattern showing dishonorable failure to pay just debts.  

4.  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)	 AR20190013149

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190013149


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ABCMR Record of Proceedings (cont)	AR20190013149


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