ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings 
IN THE CASE OF:  BOARD DATE: 22 February 2022 DOCKET NUMBER: AR20210009965 
APPLICANT REQUESTS: His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge, and correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show his period of continuous honorable active service. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, United States Code, Section 1552), dated 26 April 2021, with self-authored statement 

. 
professional resume 


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 states: 


To the honorable members of the United States Army Review Boards Agency /Army Board for Correction of Military Records. I thank you for the opportunity to read/hear this letter. I greatly appreciate it. 
I was once a young man that wanted to change my life for the better. I was 19 years old and recently became a father. I wanted to be a good role model as well [as] provider for my family so I enlisted in the U.S. Army. My older brother had enlisted and although I never met my father. I was told that he was a U.S. soldier at some point of his life. 
So I completed all the necessary requirements and was off to basic/AIT [Basic Combat Training (BCT)/Advanced Individual Training (AIT)] in Fort Sill, OK. enlisted as a 13C (Military occupational specialty Tactical Automated Fire Control Systems Specialist). Later after arriving at a permanent party in Alaska, I would train to be 13E (Cannon Fire Direction Specialist) and convert to it. I cannot lie, I absolutely loved the Army. From the physical side to the camaraderie to the mental strength to be a successful field artillery U.S. Soldier. 
I remember the first chance I got when we were granted a pass after basic training. I took my BDUs (Battle Dress Uniform) to the cleaners and got them pressed. I saw that my drill sergeant wore these strange blouser type of things that made his pants and look so crisp over the top of his shiny black Corcoran boots. I would later find out that it was an airborne/Army ranger thing. So I looked into being Airborne! I remember coming to formation that day so squared away dress-wise that drill sergeant McDonald called me out to the front. [He] told me I set the standard for the platoon and made me PG (Platoon Guide). 
I wanted to be a U.S. Army Soldier forever. The problem was that I was too young and stupid to understand the best thing that ever happened to me was being granted the opportunity to be a Soldier. I completed training and was the first of two people to receive orders to go to Alaska. 
So I was sent to permanent party at Fort Wainwright, Alaska. I got there, trained extremely hard for my first PT (Physical Training) test and maxed it. Shortly thereafter, I went to [a] field problem called "Northern Edge" and performed so well that when we got back I was promoted to PFC (Private First Class). My section chief said that if I kept all this up, I would definitely be looking at Spec-4 (Specialist Four) with a waiver in about 20 months. I was on my way. 
Unfortunately, I would only spend close to two years at my assignment. I made the worst mistake of my life and let the cold conditions of Alaska and my mental weakness get the best of me and I went AWOL (Absent without leave). 
I would later be apprehended in Alaska some years actually returning to turn myself in anyway. After being returned to base at Fort Wainwright I wrote a letter to the then CSM (Command Sergeant Major) asking for a second chance and to possibly stay in. We were on the brink of deploying there as unit and I desperately wanted to redeem myself. I understood that it was too late and I had disgraced myself further than I thought. I spent 6 months back on post though. Fully engaged and being a Soldier attempting to salvage what I could of my military career nonetheless, I was eventually court-martialed and spent 180 days at the regional correctional facility located in Fort Knox, Kentucky. 
To this Board, I respectfully ask for either an upgrade to my current military discharge from bad conduct to general, or a change in my characterization and add 214 issued where it reflects my honorable period of service. I deeply regret what I did and I am truly sorry for this mistake. I just want the opportunity to correct this for my family and children. My wife and I have been married for 18 years this year. Our oldest child 24 and our youngest is 3. Our oldest actually wants to join the Army himself. 
I made a really bad decision or mistake, but the U.S. Army and what I learned from it, molded my career. It made me such a better leader in the civilian world it is unreal. The discipline alone was critical. 
Please take this request into consideration. I have also included a copy of my most recent resume to show what I have accomplished post-Army. Most of which I credit to God first and foremost. Then the critical training and leadership of the United States Army. I thank you for your time today. 
Lastly, I attempted to request my military records several times through the designated site as it said to do, to save time, but each time it would say that request timed out or have an error message. 
3. 
The applicant enlisted in the Regular Army for a period three years on 14 April 1998. He completed BCT and AIT and was awarded MOS 13C.  He was assigned to a unit located at Fort Wainwright, Alaska. 

4. 
DA Forms 4187 (Personnel Action) show the applicant’s duty status was changed as indicated on the dates shown: 

. 
from present for duty (PDY) to AWOL on 6 August 1999 

. 
from AWOL to dropped from the rolls (DFR) on 5 September 1999 



5. 
A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces), dated 6 August 


1999, shows the applicant’s unit reported him as a deserter, effective 5 September 
1999. 
6. 
A DD Form 458 (Charge Sheet), dated 15 September 1999, shows court-martial charges were preferred against the applicant for violating Article 85 of the Uniform Code of Military Justice (UCMJ); specifically, for absenting himself without authority, from on or about 6 August 1999 until a date to be determined [charged in absentia]. 

7. 
The applicant’s record is void of documentation for his complete court-martial proceedings resulting in his discharge.  However, his record does the following documents: 


a. A United States Army Deserter Information Point (USADIP) Form 225-R (Telephone/Verbal Conversation Record), dated 18 November 2003, shows the applicant was apprehended by Fairbanks Airport Police at the airport in Fairbanks, Alaska on 18 November 2003 and charged with the possession of airport contraband. 
b. 
A DD Form 616 (Report of Return of Absentee), dated 18 November 2003, shows the applicant was apprehended by civil authorities on 18 November 2003 and returned to military control.  As a result, apprehension efforts were terminated. 

c. 
Special Court-Martial Order Number 214, issued by Headquarters, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky on 29 October 2004, shows that in the special court-martial case of the applicant, the sentence to a BCD, confinement for 120 days, forfeiture of $500.00 pay per month for 4 months, and reduction to the grade of Private E1, adjudged on 8 March 2004, as promulgated in Special Court-Martial Order Number 3, Headquarters, United States Army Alaska, Fort Richardson, Alaska, dated 30 April 2004, had been finally affirmed.  That portion of the sentence pertaining to confinement had been served.  Article 71(c) having been complied with, the BCD would be executed. 


8. 
The applicant was discharged on 21 January 2005.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 3, as a result of court-martial.  His service was characterized as bad conduct. He completed 2 years, 1 month, and 24 days of active service and he did not complete his first full term of service. 

9. 
There is no evidence the applicant petitioned the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 

10. 
Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  In accordance with Title 10, USC, Section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction.  Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate.  Clemency is an act of mercy or instance of leniency to moderate the severity of the punishment imposed. 

11. 
The applicant provides a resume depicting his education and work experience. 

12. 
The Board should consider the applicant's overall record in accordance with the published equity, injustice, or clemency determination guidance. 


BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within the military record, 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, and the reason for his separation. The Board found insufficient evidence of in-service mitigation and the applicant provided insufficient evidence of post-service achievements or reference letters with his statement, in support of a clemency determination. Based on a preponderance of evidence, the Board determined that the character of service he received was not in error or unjust and voted to deny relief. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
XX: XX: 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. 
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. 
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 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for preparing and distributing the DD Form 214.  It provided that the DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 


a. 
Paragraph 1-4b (5) of the regulation in effect at the time stated that a DD Form 214 would not be prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army. 

b. 
Paragraph 2-4h (18) of the regulation currently in effect states that item 18 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. 


(1) 
Subparagraph (c) states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates. 

(2) 
For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later separated with any characterization of service except "honorable," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above. 


3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The version in effect at the time provided that: 
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. 

c. 
 Chapter 3 provided that an enlisted person would be given a BCD pursuant only to an approved sentence of a general or special court-martial, after completion of appellate review, and after such affirmed sentence has been ordered duly executed. 


4. 
 Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  In accordance with Title 10, USC, Section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction.  Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate.  Clemency is an act of mercy or instance of leniency to moderate the severity of the punishment imposed. 

5. 
 The Under Secretary of Defense for Personnel and Readiness issued guidance to Service Discharge Review Boards and Service 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. 


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