IN THE CASE OF:  

BOARD DATE:  13 December 2021

DOCKET NUMBER:  AR20210012508


APPLICANT REQUESTS:  His under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552), dated 2 March 2021

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 (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 his infraction was minor by today's standards.  He states he has 
been a law abiding citizen for decades.  For the sake of his pride and love of his country 
he seeks an upgrade.  

3.  The applicant enlisted in the U.S. Army National Guard (ARNG) on 31 March 1988 
and entered initial active duty for training from 24 May 1988.  He was released from 
active duty on 5 August 1988 and returned to his ARNG unit.  He received an honorable 
characterization of service.  

4.  The applicant enlisted on the Regular Army on 19 September 1989. 

5.  The applicant served in Saudi Arabia, in support of Operations Desert Shield and 
Desert Storm, from on or about 8 September 1990 through on or about 9 March 1991.

6.  The applicant received adverse counseling on four occasions between 4 April 1991 
and 16 May 1991, for the infractions of sleeping on duty, destruction of a military 
identification card (ID), having a false military ID, improper and unsupervised use of 
steroids, possession of syringes in the barracks, testing positive on a urinalysis test for 
steroids, and testing positive for marijuana. 
7.  The applicant was afforded a mental status evaluation on 23 May 1991 that found:

*	no abnormalities in his behavior, level of orientation, mood, thinking process, 
thought content or memory
*	he had the mental capacity to understand and participate in the proceedings
*	he met retention requirements
*	he was cleared psychiatrically for any administrative action deemed appropriate

8.  The applicant accepted nonjudicial punishment (NJP), under Article 15 of the 
Uniform Code of Military Justice (UCMJ), on the following dates for the indicated 
offenses:

*	on 3 July 1991, for wrongfully using marijuana, from on or about 15 April 1991 
until on or about 14 May 1991
*	on 12 August 1991, for being derelict in the performance of his duties by sleeping 
on guard duty, on or about 19 July 1991

9.  The applicant was afforded a separation medical examination on 27 June 1991 that 
found no abnormalities or impairments.

10.  The applicant's immediate commander notified the applicant, on 6 September 1991, 
of his intent to initiate action to separate the applicant under the provisions of Army 
Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, 
by reason of commission of a serious offense and he was recommending the applicant 
be discharged with a general discharge.  

11.  The applicant consulted with legal counsel, on 9 September 1991, and was advised 
of the basis for the contemplated separation action; the possible effects of a discharge 
under with either an under honorable conditions (general) or an under other than 
honorable conditions discharge; and the procedures and rights that were available to 
him.  

	a.  Subsequent to receiving legal counsel, the applicant voluntarily requested 
discharge under the provision of Army Regulation 635-200, Chapter 14, for the 
misconduct, commission of a serious offence.  He acknowledged he understood that if 
he was discharged with a general discharge, he could expect to encounter substantial 
prejudice in civilian life.

	b.  The applicant waived his right to submit a statement on his own behalf.

12.  The applicant's immediate commander formally recommended the applicant's 
separation from service under the provisions of Army Regulation 635-200, paragraph 
14-12c, on 9 September 1991.  

13.  The separation authority approved the recommended discharge on 12 September 
1991, waived further counseling and rehabilitation efforts, and directed the applicant be 
issued a DD Form 257A (General Discharge Certificate). 

14.  The applicant was discharged on 19 September 1991.  The DD Form 214 he was 
issued shows he was discharged under the provisions of Army Regulation 635-200, 
paragraph 14-12c.  His DD Form 214 further shows: 

*	he was discharge in the rank/grade of private/E-1
*	he had 2 years and 1 day of active duty service with 3 months and 12 days of 
prior active duty and 3 months and 7 days of inactive service
*	his personal awards include the Combat Infantryman Badge
*	his narrative reason for separation was "Misconduct - Abuse of Illegal Drugs"

15.  The Board should consider the applicant's statement 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 
not warranted. The Board carefully considered the applicant’s request, supporting 
documents, evidence in the records and published DoD guidance for liberal 
consideration and clemency in consideration of discharge upgrade requests. The Board 
noted the frequency and nature of the misconduct, that applicant was properly 
counseled and afforded opportunity to conform to the acceptable standards required of 
enlisted personnel in the Army. Based on the preponderance of evidence, and in the 
absence of any mitigating factors such as post service accomplishments or letters of 
reference, the Board found that found 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

:XX	:XXX	:XXX	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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

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 Soldiers whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge.

	c.  Chapter 14 (Separation for Misconduct) establishes policy and prescribes 
procedures for separating personnel for misconduct because of minor disciplinary 
infractions, a pattern of misconduct, commission of a serious offense, conviction by civil 
authorities, desertion, and absence without leave.

	d.  Paragraph 14-12c (Commission of a Serious Offense) applied to Soldiers who 
committed a serious military or civilian offense, when required by the specific 
circumstances warrant separation and a punitive discharge was, or could be authorized 
for that same or relatively similar offense under the UCMJ.

4.  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.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont.)	AR20210012508


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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