IN THE CASE OF: 

		BOARD DATE: 11 May 2023

		DOCKET NUMBER: AR20220011181


APPLICANT REQUESTS:  in effect, an upgrade of his under honorable conditions 
(general) character of service and correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty) to show a different separation code.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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, although his time in the Army was short, he feels he 
fulfilled his obligation to the country. He has been a teacher for 16 years. He is still 
fulfilling his civic duty as an upstanding civilian and Veteran. He would like the 
opportunity to receive benefits from the Department of Veterans Affairs (VA) to include 
the GI Bill.

3.  The applicant enlisted in the Regular Army on 10 April 1997 for a 3-year period.

4.  He was formally counseled on 5 November and 25 November 1997 for the following 
reasons:

*	failure to respond to telephone alert
*	missing movement
*	failure to report to appointed place of duty

5. The applicant accepted non-judicial punishment under the provisions of Article 15 of 
the Uniform Code of Military Justice on 1 December 1997, for failure to report to his 
appointed place of duty, on or about 25 November 1997. His punishment consisted of 
extra duty for 14 days.

6.  He was formally counseled on three occasions, between 8 June and 23 June 1998, 
for the following reasons:

*	missing accountability formation on two occasions
*	unauthorized leave of absence
*	failure to report for duty at the prescribed time

7.  The applicant accepted non-judicial punishment under the provisions of Article 15 of 
the Uniform Code of Military Justice on 1 July 1998, for willfully disobeying a lawful 
order, on or about 12 June 1998, and for failure to report at the prescribed time to his 
appointed place of duty, on or about 15 June 1998. His punishment consisted of 
reduction to private/E-1, forfeiture of $216.00 pay for one month, and extra duty for 
14 days.

8.  The applicant underwent a mental status evaluation on 8 July 1998. He was cleared 
for any administrative action deemed necessary by his command.

9.  A Standard Form (SF) 93 (Report of Medical History), dated 12 July 1998, and the 
corresponding SF 88 (Report of Medical Examination) shows the applicant reported 
being in good health and was physically qualified for separation.

10.  The applicant's immediate commander notified the applicant on 18 August 1998 of 
his intent to initiate separation actions against the applicant under the provisions of 
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 
14-12b, for misconduct – patterns of misconduct. The commander noted the applicant's 
numerous incidents of failure to report and his failure to obey a lawful order as reasons 
for the proposed separation action.

11.  The applicant consulted with counsel on 21 August 1998 and was advised of the 
basis for the contemplated action to separate him and of the rights available to him. He 
acknowledged receipt and elected not to submit a statement in his own behalf. 

12.  His immediate commander formally recommended his separation from service 
under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of 
patterns of misconduct. The intermediate commander concurred with the 
recommendation and proposed an under honorable conditions (general) discharge.

13.  The separation authority approved the recommended action and directed the 
issuance of a DD Form 257A (General Discharge Certificate).

14.  His DD Form 214 shows he was discharged on 24 September 1998 under the 
provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct. He 
was credited with 1 year, 5 months, and 15 days of net active service. His DD Form 214 
also contains the following entries:

*	item 24 (Character of Service) - Under Honorable Conditions (General)
*	item 25 (Separation Authority) - Army Regulation 635-200, paragraph 14-12b
*	item 26 (Separation Code) - JKA
*	item 27 (Reentry Code) - 3
*	item 28 (Narrative Reason) - Misconduct

15.  Regulatory guidance provides when an individual is discharged under the 
provisions of Army Regulation 635-200, Chapter 14, by reason of misconduct, "JKA" is 
the appropriate separation code. Additionally, a discharge under other than honorable 
conditions is normally appropriate; however, the separation authority may direct a 
general discharge if merited by the Soldier’s overall record.

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


BOARD DISCUSSION:

The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, and published Department of Defense 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. The Board found insufficient 
evidence of in-service mitigating factors and, other than his own statement, the 
applicant provided no evidence of post-service achievements or letters of reference in 
support of a clemency determination. Based on a preponderance of evidence, the 
Board determined 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

: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.


REFERENCES:

1.  Title 10, U.S. 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.  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.  Paragraph 3-7b states 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 14 establishes policy and prescribes procedures for separating members 
for misconduct. Specific categories include minor disciplinary infractions (a pattern of 
misconduct consisting solely of minor military disciplinary infractions), a pattern of 
misconduct (consisting of discreditable involvement with civil or military authorities or 
conduct prejudicial to good order and discipline). Action will be taken to separate a 
member for misconduct when it is clearly established that rehabilitation is impracticable 
or is unlikely to succeed. A discharge under other than honorable conditions is normally 
appropriate for a Soldier discharged under this chapter; however, the separation 
authority may direct a general discharge if merited by the Soldier’s overall record.

3.  Army Regulation 635-5-1 (Separation Program Designator) provides the specific 
authorities (regulatory or directive), reasons for separating Soldiers from active duty, 
and the separation codes to be entered on the DD Form 214. It states that the 
separation code "JKA" is the appropriate code to assign to Soldiers separated under the 
provisions of Army Regulation 635-200, Chapter 14, Paragraph 14-12b, by reason of 
pattern of misconduct.

4.  On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NR) 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, 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)	AR20220011181


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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