IN THE CASE OF: 

		BOARD DATE: 2 May 2023

		DOCKET NUMBER: AR20220011386


APPLICANT REQUESTS: an upgrade of her characterization of service from under 
other than honorable conditions to under honorable conditions (general). 

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

*	DD Form 149 (Application for Correction of Military Record), undated
*	self-authored statement, undated

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:

	a.  Upon finding out her military occupational specialty, she was wrongfully 
discharged. During her time at basic training, she was constantly humiliated and 
insulted by her drill sergeants, leading to a breakdown and eventually going to therapy. 
After speaking with family and her therapist, she decided that it would be best if she left 
basic training.

	b. After speaking with her superior, her company commander signed her discharge 
paperwork and directed her to not return back to basic training after the upcoming 
break. A few weeks later she was informed by a battle buddy that a drill sergeant was 
looking for her so he could take her to turn in gear. She states her drill instructor 
advised her that he would turn her gear in for her and she did not need to be there. 
Shortly after, she packed up all her stuff and flew back home.

	c.  On 2 January 2017, she received a phone call from a previous battle buddy 
wherein she spoke to a drill instructor who advised her that she needed to return to 
basic training that day or she would be considered absent without leave (AWOL). At the 
time, she did not have any money to purchase a flight to return back to Fort Sill, OK. 
She was confused because her company commander previously signed her discharge 
paperwork and told her she did not need to come back. About a month later she ended 
up turning herself into the Military Police at Fort Sill. They took her to the holding area 
where she stayed for 5 weeks and issued her an under other than honorable conditions 
discharge. She told the first sergeant there what had happened, and he advised her that 
her superior should not have told her that she did not need to return to basic training 
after the break and that she was supposed to be issued discharge paperwork before 
she left. 

3.  The applicant enlisted in the regular Army on 16 November 2016.

4.  The applicant's record contains a DA Form 4187 (Personnel Action), that shows her 
duty status was changed from Dropped from Rolls to Present for Duty/ Returned to 
Military Control on 4 April 2017, after she surrendered to military authorities. 

5.  Neither the specific circumstances surrounding the applicant's separation, nor her 
discharge packet are available for the Board to review. However, the applicant's record 
contains a duly constituted DD Form 214 (Certificate of Release or Discharge From 
Active Duty). 

6.  Her DD Form 214 shows she was discharged on 21 April 2017 under the provisions 
of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), 
chapter 10, by reason of in lieu of court martial, in the rank/grade of Private/E-1, and her 
service was characterized as Under Other Than Honorable Conditions (Separation 
Code: KFS, Reentry Code: 4). She completed 2 months and 7 days of net active 
service. Additionally, her DD Form 214 does no list any personal decorations or awards.

7.  There is no indication that the applicant applied to the Army Discharge Review Board 
(ADRB) for review of his discharge within that board’s 15-year statute of limitations.

8.  The applicant provided argument or evidence that the Board should consider in 
accordance with the published equity, injustice, or clemency determination guidance.

9.  Regulatory guidance states discharges under the provision of AR 635-200, chapter 
10, where voluntary requests from the Soldier to be discharged in lieu of a trial by court-
martial.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found 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, the applicant's record of service, the 
frequency and nature of the applicant's misconduct and the reason for separation. The 
applicant’s separation packet is not available for review. However, other evidence 
shows she was discharged in lieu of court martial and her service was characterized as 
under other than honorable conditions. 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 that 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 (AR) 635-200, in effect at the time, set forth the basic authority for 
the separation of enlisted personnel. 

	a. Chapter 10 provided that a Soldier who committed an offense or offenses, the 
punishment for which includes a bad conduct or dishonorable discharge, may submit a 
request for discharge for the good of the service. The discharge request may be 
submitted after court-martial charges are preferred against the Soldier, or, where 
required, after referral, until final action by the court-martial convening authority. 
Commanders will ensure that a Soldier is not be coerced into submitting a request for 
discharge for the good of the service. 

		(1)  The Soldier will be given a reasonable time to consult with consulting counsel 
and to consider the wisdom of submitting such a request for discharge. After receiving 
counseling, the Soldier may elect to submit a request for discharge for the good of the 
service. The Soldier will sign a written request, certifying that they were counseled, 
understood their rights, may receive a discharge under other than honorable conditions, 
and understood the adverse nature of such a discharge and the possible 
consequences. 

		(2)  A discharge under other than honorable conditions was normally appropriate 
for a Soldier who is discharged for the good of the service. However, the separation 
authority was authorized to direct a general discharge certificate if such was merited by 
the Soldier's overall record during their current enlistment. For Soldiers who had 
completed entry level status, characterization of service as honorable was not 
authorized unless the Soldier's record was otherwise so meritorious that any other 
characterization clearly would be improper. 

	b. 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. 

	c. A general discharge is a separation from the Army under honorable conditions. 
When authorized, it is used for a Soldier whose military record is satisfactory but not 
sufficiently meritorious to warrant an honorable discharge. 

	d. A discharge under other than honorable conditions is an administrative separation 
from the service under conditions other than honorable. It may be issued for misconduct 
or for the good of the service. 

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 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. This guidance 
does not mandate relief but provides standards and principles to guide Boards in 
application of their equitable relief authority. 

	a. 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)	AR20220011386


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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