IN THE CASE OF: 

		BOARD DATE:  4 March 2022

		DOCKET NUMBER: AR20210014040


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) by:

*	upgrading the characterization of his service from under honorable conditions 
(general) to honorable;
*	removing misconduct as the narrative reason for separation;
*	awarding the Global War on Terrorism Expeditionary Medal (GWOTEM); and
*	adding his deployment time to item 12f (Foreign Service)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	Certificate of Completion, Basic Combat Training (BCT), dated 3 May 2001
*	Two undated Certificates of Achievement (COA) Certificate of Affiliation, dated 
19 July 2001
*	Certificate of Course Completion, dated 19 July 2001
*	Two Certificates of Training, dated through 24 September 2001 and 1 February 
2002
*	Two COAs, dated 3 December 2001 and 2 January 2003
*	Army Commendation Medal (ARCOM) Certificate/ Permanent Order 220-07, 
dated 8 August 2002
*	Three memoranda, Subject:  Separation Under Army Regulation 635-200, 
Chapter 14, dated 11 March 2003, 12 March 2003, and 13 March 2003
*	DD Form 214

FACTS:

1. The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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, in effect:

	a. He was an outstanding Soldier who was awarded multiple COAs from the 
beginning of his career for his physical fitness and multiple pre-deployment trainings. He 
was quickly promoted with waiver to private first class and specialist. As a squad leader, 
he led his Soldiers by example. Upon his arrival, he quickly completed several course 
trainings and during deployment for Operation Enduring Freedom, he was awarded an 
ARCOM for his excellent safety and security standards, maintenance of equipment, and 
dedication to mission standards.

	b. After returning from deployment, he had a lapse of judgment, which resulted in his 
first and only misconduct. He tested positive for marijuana use. He felt that after the 
incident occurred, there was an obvious shift from his leadership. He was given little 
counsel, was belittled, shamed, and no longer allowed certain opportunities. He was 
discouraged from this lack of understanding for a single mistake and ultimately did not 
see a place for himself in the U.S. Army. He elected discharge from service since he did 
not see an opportunity for positive growth and rehabilitation with his current leadership.

	c. He accepted his punishment of reduction in rank from specialist to private, 
reduction in pay, 45 days of restriction, and 45 days of extra duty, but he did not agree 
on the handling of his discharge. He felt that his company commander misrepresented 
him to his battalion commander. His discharge memorandum only focused on a single 
negative incident and did not highlight any of the positive things he brought to the 
company.  

	d. There have been several instances where he has been limited from opportunities 
due to his discharge. He tried applying to the Veterans Fire Crew through BLM and was 
not selected due to the type of his discharge. He was already performing in the job as a 
Hot Shot for BLM but was not allowed this more exclusive opportunity due to his 
discharge. He tried progressing in his firefighting career and his discharge has been a 
hindrance. To this day, he has remained an honest, upright person. He has never been 
in conflict with law enforcement. He continues to serve his community as an active 
lieutenant of his local volunteer fire department. He is raising a kind daughter that he 
hopes will learn from his mistakes and not live in a world where one bad decision can 
change the course of her life. He would like the opportunity to continue to better himself. 
He admits his mistake but he does not feel it should be the defining decision to continue 
to affect his life. 

3. The applicant enlisted in the Regular Army (RA) on 21 February 2001. He completed 
training and he was awarded military occupational specialty 55B (Ammunition 
Specialist). 

4. His records contain DA Form 2627 (Record of Proceedings Under Article 15, Uniform 
Code of Military Justice (UCMJ)), dated 21 February 2003, which shows he received 
punishment under Article 15, UCMJ for between on or about 6 December 2002 and 
7 January 2003, wrongfully use marijuana in violation of Article 112a of the UCMJ.  
Among the punishment imposed was a reduction in rank/grade to private/E-1. 

5. On 19 February 2003, the applicant underwent a mental status evaluation. The 
applicant met the retention standards prescribed in Army Regulation 40-501 (Standards 
of Medical Fitness), and there was no psychiatric disease or defect which warranted 
disposition through medical channels. The applicant was cleared for any administrative 
actions deemed appropriate by the command to include separation in accordance with 
Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

6. On 3 March 2003, the applicant's company commander informed the applicant that 
he was initiating action to separate him for under the provisions of Army Regulation 
635-200, paragraph 14-12c, commission of a serious offense, with a characterization of 
service of under honorable (general) conditions. His commander cited the applicant's 
use of illegal drugs (positive urinalysis for marijuana).

7. On 5 March 2003, he acknowledged receipt of the foregoing correspondence. The 
applicant was advised of his right to consult with counsel prior to making any election of 
rights. On 10 March 2003, after consulting with counsel, he waived consideration of his 
case by an administrative separation board, elected not to submit statements in his own 
behalf and requested representation by consulting counsel. He acknowledged he may 
expect to encounter substantial prejudice in civilian life if a general discharge under 
honorable conditions was issued to him. He further understood he may be ineligible for 
many or all benefits as a veteran under both Federal and State law.

8. On 11 March 2003, the applicant's commander requested he be separated prior to 
expiration of his current term of service due to wrongful use of marijuana. He noted the 
applicant had been counseled, and through subsequent behavior, demonstrated a lack 
of acceptance of rehabilitative measures.  

9. On 12 March 2003, the applicant's battalion commander concurred with the 
recommendation to separate him before his expiration term of service and 
recommended the applicant's service be characterized as under honorable conditions 
(general).

10. On 13 March 2003, the separation authority directed the applicant be separated 
from the Army prior to the expiration of his current term of service, under the provisions 
of Army Regulation 635-200, Chapter 14, Section III, Paragraph 14-12c, for commission 
of a serious offense. The applicant was to be discharged with General Discharge 
Certificate.
11. On 3 April 2003, he was discharged under the provisions of Army Regulation  
635-200, chapter 14-12c, with an under honorable conditions (general) characterization 
of service for misconduct. He completed 2 years, 1 month and 13 days of net active 
service during this period. The DD Form 214 he was issued does not show he 
performed foreign service in item 12f (Foreign Service). The form further shows he was 
awarded or authorized the:

*	ARCOM
*	National Defense Service Medal
*	Army Service Ribbon

12. During the processing of this case, the Defense Finance and Accounting Service 
reviewed his Master Military Pay Account which shows he received combat zone tax 
exclusion for service in Uzbekistan from 1 June to 30 September 2002 (a period of 
4 months).

13. The applicant provides a copy of his ARCOM received for meritorious service while 
assigned as an ammunition specialist at the K2, Uzbekistan from 3 June to 1 October 
2002. He also provides a COTs for a 40-hour Fuel Handlers Certification Course, a  
40-hour Combat Lifesaver Course, and COAs for physical fitness, and participation in 
different operations.  

14. There is no evidence indicating he applied to the Army Discharge Review Board for 
an upgrade of his discharge within that board's 15-year statute of limitations.

15. The Board should consider the evidence and the applicant's statements in 
accordance with the 25 July 2018, Under Secretary of Defense for Personnel and 
Readiness issued guidance to Military Discharge Review Boards and BCM/NRs 
regarding equity, injustice, or clemency determinations.

BOARD DISCUSSION:

1. After reviewing the application and all supporting documents, the Board found that 
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 record of service, the frequency and nature of his misconduct, the reason 
for his separation and whether to apply clemency.  Based upon a preponderance of 
evidence, and guidance for consideration of discharge upgrade requests, the Board 
determined that the character of service the applicant received upon separation should 
be corrected as a matter of clemency and that masking the reason for separation is 
appropriate. However, the Board agreed not to amend the authority for separation, and 
separation and reentry codes.
2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to depict the military 
service of the applicant more accurately.

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 him a DD Form 
214 for the period ending 3 April 2003 showing his character of service as Honorable 
and narrative reason for separation as Secretarial Authority.


		  
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):  The following orders and regulatory cites are sufficient to 
make the following administrative corrections to the applicant's DD Form 214 for the 
period ending on 3 April 2003 without action by the Board:

	a. Add to item 12f, “0000 04 00;”

	b. Add to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) the Global War on Terrorism Service Medal (GWOTSM), 
GWOTEM; and

	c. Add to item 14 (Military Education) Combat Lifesaver Course, 40 hours, February 
2002, Fuel Handlers Certification Course, 40 hours, September 2001. 

	d. Add to item 18 (Remarks) of his DD Form 214 the statement "SERVICE IN 
UZBEKISTAN FROM 20020601 – 20020930." 


REFERENCES:

1. Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.

	a. Chapter 14 establishes policy and prescribes procedures for separating members 
for misconduct. Specific categories included minor disciplinary infractions, a pattern of 
misconduct, and commission of a serious offense, to include abuse of illegal drugs, 
convictions by civil authorities and desertion or absence without leave. Action will be 
taken to separate a member for misconduct when it is clearly established that 
rehabilitation is impractical or unlikely to succeed. Army policy states that an under 
other than honorable conditions discharge is normally considered appropriate for a 
Soldier discharged for misconduct. However, a discharge under honorable conditions 
(general) or an honorable discharge may be granted.

	b. 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.

	c. 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.

3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and 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.

4. Army Regulation 635-5 (Separation Documents), then in effect, establishes the 
standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains 
guidance on the preparation of the DD Form 214. It states for:

*	item 12f enter the total amount of foreign service completed during the period 
covered by the DD Form 214; and
*	item 18 for an active duty Soldier deployed with his or her unit during their 
continuous period of active service, the statement "Service in (Name of Country 
Deployed) From YYYYMMDD - YYYYMMDD)"

5. Army Regulation 600-8-22 (Military Awards) states:

	a. The GWOTEM is authorized for award to members of the Armed Forces of the 
United States who deployed abroad for service in Global War on Terrorism operations 
on or after 11 September 2001 to a date to be determined. Service members must be 
assigned, attached, or mobilized to a unit participating in designated operations for 
30 consecutive days or 60 nonconsecutive days in the areas of eligibility (AOE), or meet 
other, specified criteria. Initial award of the GWOTEM was limited to service members 
deployed abroad in Operations Enduring Freedom and Iraqi Freedom in designated 
specific geographic AOE, including Uzbekistan.

	b. The GWOTSM is authorized for award to members of the Armed Forces of the 
United States who have participated in Global War on Terrorism operations outside of 
the AOE designated for award of the GWOTEM, Afghanistan Campaign Medal, or Iraq 
Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers 
mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date 
to be determined having served 30 consecutive days or 60 nonconsecutive days are 
authorized the GWOTSM. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210014040


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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