BOARD DATE:  10 April 2020

DOCKET NUMBER:  AR20190015120


APPLICANT REQUESTS:  The applicant requests an upgrade of his Chapter 10, under 
other than honorable conditions discharge, and personal Board appearance.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge) 
*	DD Form 214 (Report of Separation from Active Duty) 

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 was misinformed when he signed his papers.  He was told 
he would be able to change it [his character of service] with no problems.   

3.  On 13 September 2013, the applicant enlisted in the Regular Army for a period of 3 
years.  He completed training requirements and was awarded military occupational 
specialty 12B (Combat Engineer).    

4.  His record shows he was absent without leave (AWOL) from on or about:

*	11 to 25 March 1974
*	16 June to 29 October 1974
*	24 December 1974 to 24 February 1975

5.  On 23 January 1974, the applicant accepted non-judicial punishment (NJP) under 
the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to 
be at his appointed place of duty.  He did not appeal.  

6.  On 4 April 1974, the applicant accepted NJP under the provisions of Article 15 of the 
UCMJ for being AWOL from on or about 11 to 26 March 1974.  He did not appeal. 
7.  On 1 April 1975, the Personnel Control Facility commander stated in pertinent part, 
the applicant indicated that he understood the meaning and effects of an undesirable 
discharge and he desired such action.  The commander recommended that the 
applicant’s request for discharge for the good of the service in-lieu of trial by court-
martial, under the provisions of Chapter 10, Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel) be approved.  He also recommended he be issued a 
DD Form 258A (Undesirable Discharge Certificate).  

8.  The applicant’s record did not contain a separation packet; however, a DD Form 214 
from his record shows on 20 April 1975 he was discharged under the provisions of 
Chapter 10, AR 635-200, based on conduct triable by courts-martial.  His character of 
service was listed as UOTHC and he was issued an Undesirable Discharge Certificate.  
He completed 11 months and 7 days of net active service, and he had “251” days of lost 
time.  

9.  On 1 May 1975, a request for correction of DD Form 214 corrected the applicant’s 
DD Form 214 to show he was discharged on 30 April 1975.

10.  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).  
Paragraph 2-9 states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The ABCMR is not an investigative agency. 

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who 
has committed an offense or offenses for which the authorized punishment includes a 
punitive discharge may submit a request for discharge for the good of the service in lieu 
of trial by court-martial.  The request may be submitted at any time after charges have 
been preferred and must include the individual's admission of guilt.  Although an 
honorable or general discharge is authorized, an under other than honorable conditions 
discharge is normally considered appropriate.  

12.  In reaching its determination, the Board should consider the applicant's petition, his 
service record, and his statements in light of the published Department of Defense 
guidance on equity, injustice, or clemency.     

13.  In regards to the applicant's request for a personal appearance, Army Regulation 
15-185, states an applicant is not entitled to a hearing before the Board; however, the 
Board or the Director of ABCMR may authorize a personal appearance.    
  
?
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, his request for discharge 
and the reason for his separation.  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 that the character of service the 
applicant received upon separation was not in error or unjust.

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.

?
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 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).  
Paragraph 2-9 states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The ABCMR is not an investigative agency.  
The applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.  The regulation also states an applicant is not entitled to a hearing before the 
Board; however, the Board or the Director of ABCMR may authorize a personal 
appearance.    

3.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth 
the basic authority for the separation of enlisted personnel.  Chapter 10 of that 
regulation provides, in pertinent part, that a member who has committed an offense or 
offenses for which the authorized punishment includes a punitive discharge may submit 
a request for discharge for the good of the service in lieu of trial by court-martial.  The 
request may be submitted at any time after charges have been preferred and must 
include the individual's admission of guilt.  Although an honorable or general discharge 
is authorized, an under other than honorable conditions discharge is normally 
considered appropriate.  

	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.

4.  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)	 AR20190015120


4
ABCMR Record of Proceedings (cont)	AR20190015120


1