IN THE CASE OF: BOARD DATE: 18 May 2020 DOCKET NUMBER: AR20190014282 APPLICANT REQUESTS: The applicant requests reconsideration to upgrade his under other than honorable conditions (UOTHC) discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) * National Guard Bureau – Report of Separation and Record of Service (NGB Form 22) * Reduction Orders to pay grade E-1 * UOTHC Discharge Certificate * U.S. Army Reserve Personnel Center letter FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket on 18 February 1998. 2. The applicant states he never received official orders to attend summer training. He signed his life over to his country. He should be able to get his headstone. He also requests a copy of his DD Form 214. 3. A DD Form 214 shows he was honorably released from active duty for training on 17 February 1979. 4. On 1 August 1979, the applicant enlisted in the Louisiana Army National Guard for a period of 5 years and 3 months. At the time he was 22 years of age and had 9 months of prior Reserve service and completed training as a basic medical specialist. 5. His record contained documents that show: a. During the period 1 December 1979 to 30 November 1980 he was absent without leave (AWOL) from training on multiple occasions. b. On 17 November 1979, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) on two occasions. His punishment consisted of forfeiture of pay. c. In December 1979, he accepted NJP under the provisions of Article 15 of the UCMJ for being AWOL. His punishment consisted of forfeiture of pay. d. He was notified on multiple occasions and counseled for being AWOL, and notified/ordered to return to his unit for training. He was also counseled on the Army National Guard participation requirements. e. After notification of intended separation action on 2 December 1980, he was discharged under other than honorable conditions from the National Guard effective 4 April 1981 and transferred to the Reserve Control Group (Individual Ready Reserve). f. On 21 November 1985 he was reduced from pay grade E-2 to E-1 by the U.S. Army Reserve Personnel Center. g. On 18 January 1986 he was discharged under other than honorable conditions by the Reserve Personnel Center. His records show no training participation since 4 April 1981. 6. On 18 February 1998, the Army Board for Correction of Military Records denied the applicant’s petition for an upgrade of his discharge. 7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 8. Army Regulation 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) prescribes the policies, criteria, and procedures which apply to separation of enlisted members of the Army National Guard of the United States and the United States Army Reserve (USAR). a. Chapter 7 (Misconduct), paragraph 7-1, prescribes the procedures for discharge of enlisted members of the USAR for misconduct by reason of the following: * Fraudulent entry * Conviction by civil court * Other disqualifying patterns or acts of conduct b. Paragraph 7-3 states that an enlisted member discharged for reasons indicate in paragraph 7-1 will be furnished a Certificate of Discharge Under Other Than Honorable Conditions, except that an Honorable or General Discharge Certificate may be furnished if warranted by the particular circumstances of the case. 9. In regards to the applicant requesting an upgrade so that he may receive benefits. 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, service record, and statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants 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 separation and whether to apply clemency. The Board found insufficient evidence of in- service mitigating factors for the misconduct and the applicant provided no evidence of post-service achievements or letters of support to weigh a clemency determination. Based on a preponderance of evidence, the Board determined there is insufficient evidence to amend the previous Boards’ decision. 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 to amend the decision of the ABCMR set forth in Docket - on 18 February 1998. 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. REFERENCES: 1. Army Regulation 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) prescribes the policies, criteria, and procedures which apply to separation of enlisted members of the Army National Guard of the United States and the United States Army Reserve (USAR). a. Chapter 7 (Misconduct), paragraph 7-1, prescribes the procedures for discharge of enlisted members of the USAR for misconduct by reason of the following: * Fraudulent entry * Conviction by civil court * Other disqualifying patterns or acts of conduct b. Paragraph 7-3 states that an enlisted member discharged for reasons indicate in paragraph 7-1 will be furnished a Certificate of Discharge Under Other Than Honorable Conditions, except that an Honorable or General Discharge Certificate may be furnished if warranted by the particular circumstances of the case. 2. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190014282 5 ABCMR Record of Proceedings (cont) AR20190014282 4