ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 16 June 2021 DOCKET NUMBER: AR20210005131 
APPLICANT REQUESTS: 
. an upgrade of his under other than honorable conditions (UOTHC) discharge to an honorable discharge . personal appearance before a Board 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) . Four Self-Authored Statements . DD Form 256A (Honorable Discharge Certificate), 9 June 1954 . Company G, 3rd Infantry, Japan, Citation for Certificate of Achievement . Certificate of Achievement, 20 July 1956 . Three Photographs . DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) for period ending 21 May 1957 . Two NARA Forms13038 (Certification of Military Service) for periods ending 9 June 1954 and 21 May 1957 
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 joined the Army at an early age. He attended basic training at Fort Leonard Wood, MO. After training he was shipped to Fort Lewis, WA, for TDY (temporary duty). He was there for about three weeks. He was then shipped to Japan to the 532nd Amphibious Support Group. While there he was trained to operate an A-16mm Bell and Howell Movie Camera and showed some movies to the company. The unit deactivated and he was shipped to South Korea, assigned to G Company, 32nd Infantry Regiment, 7th Infantry Division. While assigned, he was promoted to Corporal and later recommended to go to the NCO (noncommissioned officer) Academy. He graduated and was later promoted to Sergeant (SGT)/E-5. His company commander told him that it was very possible that he could be the youngest SGT in the Army at the time. His commander suggested when he returned to the U.S., he should see about attending OCS (officer candidate school). He received a citation, copy attached. 
b. 
When he returned home, he married and was stationed at Fort Benning, GA. His CO (company commander) thought he was too young to be a SGT. The commander called him "SGT Peach Fuzz" because he did not have much of a beard. While stationed there, his wife fell real sick. He asked for a three-day pass. It took him 12 hours to get home to Richmond, IN. He found out his wife was pregnant. She was very sick and having a rough time. When it was time for him to leave, she did not want him to go. He called his company commander for a couple more days. His commander told him absolutely not and warned him to return or that he would be in deep trouble. He was upset and afraid. He put his wife first and went absent without leave (AWOL); the worse thing he has ever done. About 15 days or so, he told his wife he had to turn himself in and he did. The military police picked him up and took him back. He was busted to Private (PVT) and kicked out under Army Regulation (AR) 635-208, with an undesirable discharge. 

c. 
After returning to civilian live, he worked hard to be a good husband and citizen. He operated his own glass shop for 23 years. He never had any trouble with the law. He and his wife were married for 60 years. He had two other children, a boy and a girl. His children do not know about his discharge because they never talk about it. His wife always felt she was the blame, but it was his fault; he disobeyed his company commander's direct order and he takes full responsibility for his actions. His wife was sick through the whole eight months and they lost their son at four months old. He feels the penalty was too harsh. He thought being demoted to PVT would have been plenty as he could have worked his way back up. He remains sorry for disobeying a direct order, but not for being concerned for his wife's well-being. 

d. 
He believes his record is unjust because he did not want to leave the military service and certainly did not want a bad conduct discharge (i.e., UOTHC). Furthermore, disciplinary action was taken by reduction from Staff Sergeant (SSG) to PVT. To this day, he does not like the fact that he did not do this earlier but he was hurt and he is sorry. He asks the Board to consider giving him a clear record. He is not requesting any benefits, just an honorable discharge. He did serve his country. He has lived with the shame for 61 years. He lost his wife in 2016. 


3. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to 
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conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a DD Form 214. His record is void of a separation packet. His record shows: 
a. 
On 4 December 1953, he was inducted into the Army of the United States (AUS). On 9 June 1954, he was honorably discharged. 

b. 
On 2 November 1954, he enlisted in the Regular Army for a term of 3 years, at the age of 17 years old. 

c. 
On 1 February 1955, he was honorably discharged for the convenience of the government to reenlist in the Regular Army for 6 years on 2 February 1955. 

d. 
On 21 May 1957, he was discharged under AR 635-208 (Personnel Separations Discharge –– Undesirable Habits and Traits of Character), paragraph 1c, with a separation program number 387 (habits or traits of character manifested by misconduct). His service was characterized as UOTHC. He completed 2 years, 1 month, and 14 days’ net service this period; 1 year, 10 months and 14 days of his 6-year contractual obligation. His DD Form 214 shows he had 158 days lost time and he was awarded the National Defense Service Medal. 


4. The applicant provides: 
a. 
DD Form 256A (Honorable Discharge Certificate), 9 June 1954, shows he was honorably discharged from the AUS. 

b. 
Company G, 3rd Infantry Regiment, 7th Infantry Division, Korea, Citation and Certificate of Achievement, 20 July 1956, show the applicant was awarded as a Specialist Third Class for distinguishing himself while assigned as Assistant Squad Leader and Squad Leader by exemplifying outstanding military characteristics vital to a successful NCO. 

c. 
Three photographs of himself in uniform: one of him standing beside a "Camp Jecelin" sign in South Korea; one standing with other Soldiers while receiving an award; and one of a portrait of himself. 

d. 
Two NARA Forms13038 (Certification of Military Service) for periods ending 9 June 1954, which shows he was honorably discharged from AUS and 21 May 1957, which shows he received an undesirable discharge from the Regular Army. 


5. The applicant requests an upgrade. He states the reason he went AWOL was due to his wife's difficulty/sickness during her pregnancy. He feels the punishment was too harsh and requests an honorable discharge because he did serve his country. 
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a. 
His record shows he enlisted at the age of 17 years old. His record is void of a separation packet; however, it shows he had 158 days lost time and he was discharged due to habits or traits of character manifested by misconduct. He completed1 year, 10 months, and 14 days of his 6-year contractual obligation. 

b. 
In regards to the applicant's request for a personal appearance, Army Regulation 15-185 (ABCMR), states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 

c. 
AR 635-208 states an individual will be discharged when it is clearly established that an individual demonstrates that he is undesirable for further retention in the military service due to, among other reasons, habits and traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, or misconduct. When discharged because of undesirable habits or traits or character an Undesirable Discharge Certificate is appropriate. 


6. 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. 
After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 available record of service to include multiple honorable discharges, and nature of his misconduct and the reason for his separation. The Board agreed the punishment was harsh. Based on the applicant’s remorsefulness and stated post-service conduct, the Board agreed to upgrade his characterization to an under honorable conditions (general) discharge. The Board found his misconduct does not warrant an upgrade to a fully honorable discharge. The Board agreed to grant relief in the form of an under honorable conditions (general) discharge as a matter of clemency. 

2. 
Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 

3. 
The applicant’s request for a personal appearance hearing was carefully considered. 


In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 
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BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XX XXX XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
1. 
The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as General Under Honorable Conditions. 

2. 
The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the applicant’s discharge to honorable. 



X 
CHAIRPERSON 
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): 
A review of the applicant's record shows his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 21 May 1957, is missing important entries that affect his eligibility for post-service benefits. As a result, amend the DD Form 214 by adding the following entries to item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): Korea Defense Service Medal 
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) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR has the discretion to hold a hearing; applicants do not have a right to appear personally before the Board. The Director or the ABCMR may grant formal hearings whenever justice requires. 

3.  
Army Regulation 635-208, (Personnel Separations Discharge – Undesirable Habits and Traits or Character), in effect at the time, set forth the basic authority for elimination of enlisted personnel having undesirable habits and traits of character. It provided individuals will be discharged when it is unlikely that he can be rehabilitated to the extent where he may be expected to become a satisfactory Soldier. He will be discharged with an undesirable discharge when it has been determined that an individual's military record is characterized by one or more of: 


a. 
Given evidence of habits and traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addition, pathological lying, or misconduct. 

b. 
Possesses unclean habits, including repeated venereal infections. 

c. 
Repeatedly commits petty offenses not warranting trial by courts-martial. 

d. 
Is a habitual shirker. 



e. 
It is recommended for discharge by a disposition or other board of medical officers because he possesses a psychopathic (antisocial) personality disorder or defect, or is classified as having "no disease" by the board and his record of service reveals frequent disciplinary actions because of infractions of regulations and commission of offenses, or it is clearly evident his complaints are unfounded and are made with the intent of avoiding service. 

f.  
Demonstrates behavior, participates in activities, or associations which tend to show that he is not reliable or trustworthy. 


4.  Army Regulation 635-200 (Personnel Separations – General Provisions for Discharge and Release) in effect at the time, set forth the basic policy for the separation of enlisted personnel. It provides: 
a.  An honorable discharge certificate will be furnished when the individual has: 
. conduct ratings of at least "Good" . efficiency ratings of at least "Fair" . not been convicted by a general court-martial . not been convicted more than once by special court-martial 
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. 

c. 
 A Soldier discharged with an Undesirable Discharge Certificate, the discharge authority, if the Soldier is above the grade of E-1, will automatically reduce the Soldier to the grade of E-1. 


5.  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. 


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