IN THE CASE OF:  

BOARD DATE:  14 February 2022

DOCKET NUMBER:  AR20210010380


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

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 23 February 2021, with self-authored 
statement
*	an online DD Form 293 (Application for the Review of Discharge from the Armed 
Forces of the United States), dated 16 April 2021, with self-authored statement
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), for the 
period ending 26 July 1991 on 3 January 2005
*	Georgia Army National Guard (GAARNG) Administrative Separation Board 
decisional document with: 

*	a personal statement to the Separation Board
*	a "Show of Support" document with 35 signatures
*	RiverWoods Southern Regional Psychiatric Center letter 
*	letters of support for retention (13)

*	Order Number 003-033, issued by the GAARNG on 3 January 2005
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service) 
*	U.S. Bankruptcy Court Discharge of Debtor notification
*	his father's memorial service notice
*	third party post-service letters of support (three)

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:

	a.  He is requesting that his discharge status be changed from under honorable 
conditions (general) to honorable, which would reflect his true commitment to duty and 
service during his 14 years of enlistment.  

	b.  At the time of discharge, his full time employment was as a materials handler 
within the United States Property and Fiscal Office in a hiring status position based on 
his ARNG enlistment.  Therefore, he lost his full time employment because of his 
discharge.  

	c.  In successfully completing rehabilitation he was able to find a position within the 
United States Postal Service (USPS) in his home state of Ohio, where he could be 
close to his family and continue recovery.  However, the offer of reinstatement was 
withdrawn when a Human Resources Office employee of the GAARNG took it upon 
herself to illegally contact the United States Postal Status and inform them of his 
discharge.  With no income he would lose everything and eventually become homeless.  

	d.  His medical records have been lost somewhere between his being activated and 
his discharge.  As he is aging with ailments that are a direct result of his military service, 
he is a Veteran left without his country to care for him and a discharge that disqualifies 
him from all else. he realizes that he is responsible and deeply regret his actions that 
have caused these events.  He believes that he is a victim of over kill.  He has long 
suffered and learned from his errors excessively and many times over.

	e.  Though he does not make light of his mistake, he stands on his 14 years of 
dedicated service which were recognized in various rewards by his leadership during 
enlistment.  All though portions of his military records have been lost in his former unit's 
activation for deployment, he has retained some documents that substantiate those 
honors bestowed to him.  

	f.  He received the Army Achievement Medal for the years of 1993, 2001, 2002, and 
2003; a Certificate of Achievement in Safety 2002; the Ohio Award of Merit 1993; an 
Army Reserve Component Overseas Training Ribbon, and the Army Service Ribbon 
1991.  Also, among the honors that he received were for service as a component of 
winning Platoon Drill Meet Competition, marching in the Pegasus Parade in Salute of 
General Schwarzkopf in Basic Training, being was selected by to serve briefly as 
Platoon Guide, and being the recipient of the Battalion Coin twice.

	g.  He had accrued no other infractions during his military career prior this discharge, 
and he strongly desire for his discharge to reflect his true love of his country and his 
commitment to serve. 

	h.  He should not have been discharged as a result of one event while being in a 
state of venerable impairment.  The discharge would change the course of his life 
unintentionally and forever.  He had joined the Ohio ARNG prior to the Desert Shield 
Campaign in the hopes of fighting for democracy and defending those that were being 
bullied.  Growing up as a child having and having been bullied, his subconscious 
purpose in life would be to defend the mistreated and stand with not just those that are 
strong but with those that are strong in heart.  He also wanted to follow in his father's 
footsteps, a US Army Veteran and make him proud of me.  

	i.  He completed basic training at Fort Knox and advanced individual training at Fort 
Lee before being assigned to Company B, Quarter Master Brigade.  He spent a period 
being the unit guidon bearer in drill formation as an E-3, but it was after being promoted 
to specialist E-4 that he would serve in a greater capacity.  He would act as the unit 
supply section sergeant and company armor when the previous NCO transferred from 
the unit.  Leaving the USPS and working for the United States Property and Fiscal 
Office as a full-time career, felt even more like active duty soldering because he was 
required to wear his military basic duty uniform as his work uniform.  He would become 
comfortably rooted in the 171st as it was not only his duty station but also his safe 
place, his sense of strength, and the only thing of structure in his life at that time.  When 
Desert Shield became Desert Storm, only certain components of his unit, Headquarters 
and Headquarters Company (HHC), 372nd Engineer Battalion in Ohio were activated and 
deployed. 

	j.  He dutifully served his country and his county’s missions without incident for 
nearly two decades.  This time would include; overseas training in t Panama, opting to 
exchange drill weekends to volunteer at recruiting events, escorting Veterans to 
Veterans Day parades/ceremonies, holidays, and participating in other community 
functions.  When transferring his United States Postal Service letter carrier job to the 
state of Georgia, he enlisted in the HHC, 1st Battalion, 171st Division at Dobbins Army 
Reserve Base.  There he found his Army home and comrades that he fell in love with 
and has remain close friends with to this day. 

	k.  When he learned of his unit's activation it was welcoming news to him.  He 
wanted to be a Veteran of a foreign war as his father had been, and it would be an 
escape from his personal demons.  He placed his belongings in storage and said his 
good byes.  He prepared to go on mission side by side with his fellow Soldiers just as 
he had sworn to do.  Twenty-one days into being mobilized for pre-deployment at Fort 
Campbell Kentucky, he was informed that he failed a urinalysis.  He was immediately 
flown back to where he sat for hours stunned and not knowing where to go or what to 
do.  He felt as if he died in a soul-destroying humiliating moment.  The disappointment 
was gut wrenching and suicidal, but he had to survive so as not to hurt his family any 
further.  He lost his full-time job as well as everything that he owned, and two months 
later would lose his dad to leukemia.  

	l.  There was no room for self-pity because he became his only ally, when many 
turned their backs in disappointment and his military family had to leave him behind.  He 
became a social pariah and the target of attacks from assumptions, stereotypes, and 
mistrust.  It would be years before he could rise from that fall but is still is not fully on his 
feet.  

	m.  Finding employment within the Veterans Administration Medical Center in 2007 
was a great form of redemption.  As a materials handler in the logistics service line he 
was able to “serve those that have served for us”.  It was an honor to take care of his 
fellow Veterans, and accepting retribution for his failing to be by their side.  He gave 
freely and gleefully of himself during his several years there.  

	n.  Presently he is in disability retirement.  He is far from who he was but not all of 
who he wants to be.  In declining health with some ailments acquired from his military 
service, he is not able to reenlist, and would if his body permitted.  He feels that he has 
proven his character in way of his federal service, military service (before his 
discharge), and how he has lived his life.  As he ages, he still carries the emptiness of 
his discharge floating over him like a dark cloud and he wants to be made whole.  He 
wants his life story to represent his many contributions to his fellow man, Soldiers, and 
country.  He wants his story to reflect his years of service and not the one incident of his 
epic fail.  He wants his father to look from on high and smile at him again, and tell him 
that he did good and that he is like him.  To be shown as a man of honor with the 
upgrade of his discharge would be his greatest apology to everyone that he let down.  
He has never denied accepting responsibility to what caused his discharge.  He has 
worked hard to repair those relationships that became broken.  Every day his goal is to 
redeem himself to others, and all while restoring himself.  However, he cannot consider 
himself a full being until his country tells him that he is forgiven.  He humbly asks that 
his pleas and his life efforts be weighed in consideration as he beseech the board to 
upgrade his discharge to one of honorable.  

3.  The applicant enlisted in the ARNG on 26 January 1991.  He commenced his initial 
active duty for training on 27 March 1991.  He was honorably released from active duty 
upon completion of training, on 26 July 1991, and returned to his ARNG unit.

4.  The applicant's official records contain very little information related to his service 
and no documentation related to his separation processing.  However, based on his 
statements and the limited separation documentation, it appears he tested positive for 
cocaine use at the time his unit was being mobilized. 

5.  The applicant provided a copy of a GAARNG Administrative Separation Board, dated 
28 December 2004, that shows the applicant had engaged in the illegal use of cocaine.  
The Board recommended he be discharged with a General (under honorable condition) 
Discharge Certificate.  Page 2 of the decisional document shows that separation 
authority approved the separation recommendation.

6.  In support of his request to the Separation Board, the applicant provided:

*	his personal statement describing the effects of his pending separation
*	a document titled "SHOW OF SUPPORT FOR SPC with 35 signatures
*	a RiverWoods Southern Regional Psychiatric Center letter stating he had 
completed an intensive outpatient program chemical dependence education 
program and was continuing in weekly AA/NA meetings
*	third party letters of support for his retention (13)

7.  The letters of support submitted for the Separation Board describe the applicant with 
terms like:

*	he was an above average Soldier in the fact that he encompasses exceptional 
skill in his MOS
*	he had the capability to communicate effectively and form bonds with other 
Soldiers
*	despite being confronted with a future of devastating consequences, his 
commitment to those who rely on him is ever strong
*	he is a very reliable and trust worthy employee
*	he was a dedicated, cheerful, and hardworking individual who performs all duties 
in an accurate and enthusiastic manner
*	his ability to adapt to change and perform in a superior manner became quite 
evident when he was called upon to assume several different function
*	never wavering, he accepted all responsibilities and challenges in stride, 
demonstrating versatility and exceptional managerial skills
*	he is a person who never gives up or thinks that something can't be done
*	he is very capable in his position and always willing to help those within and 
outside of his area of responsibility

8. Order Number 003-033, issued by the GAARNG on 3 January 2005, discharged the 
applicant from the ARNG and the Reserve of the Army, effective 3 January 2005 with a 
General Discharge Certificate, in accordance with (IAW) National Guard Regulation 
600-200, paragraph 8-26e (2).

9.  The NGB Form 22 he was issued at that time shows:

*	he was separated in the rank/grade of specialist/E-4
*	he had 13 years, 11 months, and 8 days of Reserve Component service with no 
Federal active duty service
*	the authority and reason for separation was National Guard Regulation 600-200, 
paragraph 8-26e (2) for Acts or Patterns of Misconduct
*	his character of service was "General - Under Honorable Conditions"
*	his listed awards are shown as the Army Achievement Medal (3rd award) and the 
Army Service Ribbon

10.  The applicant's father passed away, on 22 March 2005, two months after his 
discharge.

11. The applicant's filing for bankruptcy was granted on 22 February 2006.

12.  The applicant's post-service letters of support describe the applicant in a similar 
manner as the statements provided at the time of his administrative board and add 
comments like:

*	he was a fun team member to work with, yet he was very serious about his job
*	most co-workers confided and looked up to him
*	his goal is to strive for greater things in his future
*	his candid honesty convinced them of his sincerity in wanting to right his wrongs
*	he leads by example and his work ethics were contagious
*	he possesses the characteristics to motivate and guide among the workforce
*	he was a giver on the job and in the lives of others

13.  A GAARNG reply to the Department of Veterans Affairs, date 7 May 2010, 
requesting copies of the applicant's service medical records states that the applicant's 
records could not be located.

14.  The authority granted by Title 10, U.S. Code, Section 1552 (Correction of Military or 
Naval Records) is not unlimited.  The ABCMR has the authority to correct only Army 
records.  The Board has no authority to correct records created by the Department of 
Defense, other branches of the Services, Department of Veterans Affairs, or any other 
governmental agency.  In the case of ARNG discharges (NGB Form 22), they are State 
not Federal actions and primarily under the total control of the State Adjutant General.  
The ABCMR may only recommend possible actions.

15.  The Board should consider the applicant's award of three personal decorations and 
his alleged youth and immaturity for consideration granting relief in accordance with the 
published equity, injustice, or clemency determination guidance.



BOARD DISCUSSION:

After reviewing the application, all supporting documents, the evidence found within the 
military record, the Board determined that relief was not warranted. The Board carefully 
considered the applicant’s request, supporting documents, evidence in the records and 
published DoD guidance for liberal consideration of discharge upgrade requests.  The 
Board considered the applicant's statement, record of service, the frequency and nature 
of the misconduct, and the reason for separation. The Board considered whether to 
apply clemency.  The Board found insufficient evidence of in-service mitigating factors 
for the misconduct and determined that the applicant was properly and equitably 
discharged with a character of service as under honorable conditions (general). Based 
on the preponderance of evidence available for review, the Board determined the 
evidence presented insufficient to warrant a recommendation for relief. 






























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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, U.S. Code (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.  National Guard Regulation 600-200 (Enlisted Personnel Management), as then in 
effect, established standards, policies, and procedures for the management of the Army 
ARNG and the Army National Guard of the United States (ARNGUS), enlisted Soldiers 
in the functional areas including personnel management and enlisted separations.  It 
provides:

	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.  A characterization of under 
honorable conditions may be issued only when the reason for the Soldier’s separation 
specifically allows such characterization.

	c.  Substance abuse is incompatible with military service and Soldiers who abuse 
drugs one or more times are subject to discharge per paragraph 6-35i.  Commanders 
will process all Soldiers identified as having abused illegal drugs for separation per 
Army Regulation 135-178.  

4.  Army Regulation 135-178 establishes the policies, standards, and procedures 
governing the administrative separation of certain enlisted Soldiers of the Army National 
Guard/Army National Guard of the United States and the U.S. Army Reserve.  It states 
that Soldiers committing acts or patterns of misconduct under the Uniform Code of 
Military Justice, State Military Code, or similar laws including abuse of illegal drugs to 
include testing positive for illegal trafficking, distribution, possession, use or sale of 
illegal drugs.  All Soldiers identified as abusers of illegal drugs will be referred for 
treatment as appropriate regardless of the commander's intent to take administrative, 
nonjudicial, or judicial actions.  Commanders must initiate separation action within 
45 days of the act or referral, regardless of the commander’s recommendation.  
Recommendations for retention or separation will be forwarded through command 
channels to the separation authority.  Commanders will immediately begin discharge 
actions for Soldiers who refuse or fail to enroll in a rehabilitation program as a result of 
committing a drug offense.  

5.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Service Discharge Review Boards and Service Boards for Correction of Military/Navel 
Records, on 25 July 2018 [Wilkie Memorandum], 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 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 (con.t)	AR20210010380


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS
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