ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 April 2020

	DOCKET NUMBER:  AR20190015525


APPLICANT REQUESTS:  an upgrade of his character of service from under honorable 
conditions (general) to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, section 1552(b); however, the 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, after his mother passed away from cancer, he did not know 
how to handle the stress of the loss.  He was a very young man from a divided home.  
His mother was all he had and she was his guide.  After her loss, he made the wrong 
decision to separate from the military.  He asks that the Board take his culture and the 
connection to his mother into consideration.

3.  The applicant enlisted in the Regular Army on 1 October 1985, after which he 
completed his initial training, and was assigned to Germany.

4.  The applicant accepted non-judicial punishment (NJP), under the provisions of 
Article 15 of the Uniform Code of Military Justice on 7 November 1985, for the wrongful 
use of marijuana between 11 August 1985 and 20 August 1985.

5.  On y November, the applicant received notification from his immediate commander 
of his intent to initiate separation actions against the applicant under the provisions of 
Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 
13, for unsatisfactory performance.  The specific reason cited was the applicant’s 
numerous counseling and receipt of NJP for abuse of marijuana.  The applicant also 
indicated his desire to separate from the military.  The applicant acknowledged receipt 
of the proposed separation memorandum.  
6.  The applicant consulted with counsel on 7 November 1985.  After consulting with 
counsel, the applicant waived his right to consideration of his case by a board of 
officers, a personal appearance before a board of officers, and he declined to submit 
statements in his own behalf.  He acknowledged he understood that if he were issued a 
general discharge under honorable conditions, he may expect to encounter substantial 
prejudice in civilian life.

7.  The commander's formal recommendation for separation from service under the 
provisions of AR 635-200, Chapter 13-2, is not filed in the record.  However, the 
separation authority approved the recommended discharge on 8 November 1985 and 
directed that the applicant receive an under honorable conditions (general) discharge.

8.  The applicant was discharged on 25 November 1985.  His DD Form 214 (Certificate 
of Release or Discharge from Active Duty) confirms he was discharged under the 
provisions of AR 635-200, Chapter 13-2, by reason of unsatisfactory performance.  His 
service was characterized as under honorable conditions (general).  He completed 
1 year, 1 month, and 24 days of net service with no lost time.

9.  The applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade 
of his discharge.  The ADRB determined he was properly and equitably discharged and 
denied his request on 13 May 1987.

10.  The Board should consider the applicant's overall record and the statement he 
provided in accordance with the published equity, injustice, or clemency determination 
guidance.

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 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 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 (Personnel Separations – Enlisted Personnel) set forth the 
requirements and procedures for administrative discharge of enlisted personnel.  This 
regulation included the following provisions:

	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.  Chapter 13 addressed separations due to unsatisfactory performance when in 
the commander’s judgment the individual would not become a satisfactory Soldier; 
retention would have an adverse impact on military discipline, good order and morale; 
the service member would be a disruptive influence in the future; the basis for 
separation would continue or recur; and/or the ability of the service member to perform 
effectively in the future, including potential for advancement or leadership, was unlikely.  
Service of Soldiers separated because of unsatisfactory performance under this 
regulation would be characterized as honorable or under honorable conditions.

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)	 AR20190015525

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