ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  19 May 2022 DOCKET NUMBER:  20210016306 


APPLICANT REQUESTS:  Reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR1999027823 on 29 March 2000.  Specifically, he requests his under honorable conditions (general) discharge be upgraded. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

•character reference letters, dated between 30 September 2014 and30 June 2021 (eight)



FACTS: 

1.Incorporated herein by reference are military records that were summarized in theprevious consideration of the applicant's case by the ABCMR in Docket NumberAR1999027823 on 29 March 2000.

2.The applicant states his previous request was denied because he did not submit therequest within 90 days of being separated.  He wants an honorable discharge becausehe has done nothing wrong.

3.The applicant enlisted in the Regular Army on 25 November 1981 for a period of3 years.  Upon completion of required training, he was awarded military occupationalspecialty 36K (Tactical Wire Operations).

4.The applicant accepted non-judicial punishment, under the provisions of Article 15 ofthe Uniform Code of Military Justice (UCMJ), on the following dates:

•17 January 1983, for being disrespectful in language toward a non-commissioned officer (NCO) on or about 10 January 1983

•10 February 1983, for being disrespectful towards an NCO on or about29 January 1983, and for failure to go at the time prescribed to his appointedplace of duty on or about 3 February 1983



5.The applicant's immediate commander notified the applicant on 14 February 1983 ofhis intent to initiate actions to separate the applicant under the provisions of ArmyRegulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 13, byreason of unsatisfactory performance.

6.The applicant consulted with counsel and was advised of the basis for thecontemplated actions to separate him and of the rights available to him.  He elected notto submit a statement in his own behalf.

7.A DA Form 3822-R (Report of Mental Status Evaluation), dated 16 February 1983,shows the applicant was mentally capable to understand and participate in boardproceedings.

8.The applicant’s commander formally recommended his separation from service,under the provisions of Army Regulation 635-200, Chapter 13.  The separation authorityapproved the recommended action and directed the issuance of a DD Form 257A(General Discharge Certificate).

9.Accordingly, the applicant was discharged on 24 March 1983.  He was credited with1 year and 4 months of net active service.  His service was characterized as underhonorable conditions.

10.On 29 March 2000, the applicant petitioned the ABCMR for an upgrade of hisdischarge.  After careful consideration, the Board determined his characterization ofservice was neither in error or unjust.  Accordingly, his request for relief was denied.

11.The applicant provides eight character reference letters attesting to his reliability,dedication, work ethic, and integrity.

12.The Board should consider the applicant's statement and overall service record inaccordance with the published equity, injustice, and clemency determination guidance.


BOARD DISCUSSION: 

1.The Board carefully considered the applicant's request, supporting documents,evidence in the records, and published Department of Defense guidance forconsideration of discharge upgrade requests. The Board considered the applicant'sstatement, his record of service, the frequency and nature of his misconduct, the reasonfor his separation, and whether to apply clemency.

2.The Board found the character reference letters provided by the applicant sufficientto support clemency in this case.  The Board determined the applicant’s character ofservice should be changed to honorable.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X :X :X GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 to show his character of service as honorable. 

X CHAIRPERSONSigned by: 


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.  Army Regulation 635-200 sets forth the requirements and procedures for the separation of enlisted personnel. 
 
 a.  Paragraph 3-7a provides that 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 provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. 
 
2.  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. 
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