IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220011214 APPLICANT REQUESTS: reconsideration of his previous request to upgrade his under conditions other than honorable characterization of service to under honorable conditions (general). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 15 August 2022 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 23 September 1964 * DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States), 9 March 2020 * Army Board of Correction of Military Records (ABCMR) Record of Proceeding (ROP), 8 July 2021 * ABCMR letter, 8 September 2021 * 10 Supporting statements, from 5 December 2012 to 1 May 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200005898 on 8 July 2021. 2. The applicant provides new evidence which was not previously considered by the Board. He states he was young when he joined the service and was almost immediately sent to Thailand to assist in Vietnam. He was traumatized by the things he saw and was unable to process his experiences appropriately. After returning to the states, he made a bad decision to go absent without leave (AWOL). He served 3 and half years honorably and has grown more responsible and learned that what he did was wrong. 3. The applicant enlisted in the regular Army 25 April 1962. 4. He accepted company grade non-judicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 18 May 1964 for speeding, 32 MPH in a 20 MPH zone, while driving a government owned vehicle on or about 7 May 1964. His punishment consisted of forfeiture of $12.00 of pay. 5. A counseling statement dated 14 July 1964, shows the applicant's immediate commander counseled him regarding his failure to pay a just debt that he had been evading over a year. Arrangements had been made for him to effect payment and it is believed that he went AWOL rather than settle his account or face Court Martial charges. 6. Special Court-Martial Order Number 188, dated 24 August 1964, shows the applicant was convicted of absenting himself from his organization, from on or about 1 June 1964 and did remain absent until on or about 20 July 1964. His sentence, adjudged on 17 August 1964, consisted of reduction to rank/grade of Private (PV1)/E-1 and forfeiture of $70.00 per month for six months. 8. Neither the specific circumstances surrounding the applicant's separation nor his separation packet is available for the Board to review. However, his record contains a duly constituted DD Form 214. 9. The applicant's DD Form 214 shows he was discharged on 23 September 1964, for unfitness, under the provisions of Army Regulation (AR) 635-208 (Personnel Separations - Discharge - Undesirable Habits and Traits of Character) in the rank/grade of PV1/E-1, and his service was characterized as Under Conditions Under Other than Honorable (Separation Program Number 28B). He completed 2 years and 3 months of net active service, and had 61 days lost time from 1 June 1964 to 19 July 1964 and 8 September 1964 to 19 September 1964. Additionally, his DD Form 214 does not list any personal decorations or awards. 10. That applicant provides: a. ABCMR Docket Number AR20200005898, dated 8 July 2021, shows the Board determined the evidence presented in his case did not demonstrate the existence of a probable error or injustice, and the overall merits of the case were insufficient as a basis for correction of his records. b. A letter from the ABCMR, dated 8 September 2021, wherein they notified him that his case was denied by the Board. c. 10 supporting statements, from 5 December 2012 to 1 May 2022, from friends and coworkers. They state, in effect, the applicant is a loyal, honest, and dependable friend who loves his family and is always eager to help someone out. As a plumber, his knowledge and professional manner make him dependable for any job. Additionally, his support for the military is evident in his son, who retired from active duty. The applicant and his wife have also attended several going away and welcome home ceremonies for deploying units and local military members. 9. Regulatory guidance provided that Soldiers discharged under the provisions of Army Regulation 635-208, will be discharged by reason of unfitness with an undesirable discharge, unless the particular circumstances in a given case warrant a general or honorable discharge. 10. There is no indication the Soldier applied to the Army Discharge Review Board for review of his discharge within that Boards 15-year statute of limitations. 11. The Board should consider the evidence the applicant provided in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, 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 liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, the applicant's record of service, and the reason for separation. The applicant’s separation packet is not available for review. However, other evidence shows he was discharged for unfitness and his service was characterized as under other than honorable conditions. The applicant provides 10 supporting statements, from friends and coworkers describing him as a loyal, honest, and dependable friend who loves his family and is always eager to help someone out; and he and his spouse are supportive of military functions. Based on a preponderance of evidence, the Board determined that his service did not rise to the level required for an honorable characterization of service; however, a general discharge is appropriate under published DoD guidance for liberal consideration of discharge upgrade requests. ? 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 amendment of the ABCMR's decision in Docket Number AR20200005898 on 8 July 2021. 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 23 September 1964 showing his character of service as Under Honorable Conditions, General. * Separation Authority: No Change * Separation Code: No Change * Reentry Code: No Change * Narrative Reason for Separation: No Change 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 635-208, in effect at the time, set forth the policy for administrative separation for unfitness. Paragraph 3 states. individuals would be discharged by reason of unfitness when their records were characterized by one or more of the following: (a) frequent incidents of a discreditable nature with civil or military authorities, (b) sexual perversion, (c) drug addiction, (d) an established pattern of shirking, and/or (e) an established pattern showing dishonorable failure to pay just debts. This regulation prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or honorable discharge. 2. Army Regulation 635-200, in effect at the time, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3, section II (Type of Characterization or Description) stated the following types of characterization of service or description of service are authorized: separation with characterization of service as Honorable, General (under honorable conditions), or Under Other Than Honorable Conditions, and Uncharacterized (for entry level status) are authorized. These separation types will be used in appropriate circumstances unless limited by the reason for separation. (1) Paragraph 3-7a stated an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier'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. (2) Paragraph 3-7b stated 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 Boards for Correction of Military/Naval Records (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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011214 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1