ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 September 2023

	DOCKET NUMBER:  AR20230001192


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 7 December 1993 to show he 
received an honorable discharge vice a general discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 he is trying to get his general discharge upgraded to an 
honorable discharge since he was informed that after six months, it would be upgraded.

3.  A review of the applicant’s service records reflects the following documents:

a.	On 3 November 1992, he enlisted in the Regular Army.

b.	On 5 October 1993, he received a report of mental status evaluation which 
reflects he had normal behavior, was fully alert, fully orientated and his mood was 
unremarkable. He had clear thinking process and his thought process was clear and 
normal. It was noted that he had the mental capacity to understand and participate in 
the separation processing and met the retention requirements pursuant to Chapter 3 of 
Army Regulation 40-501.

c.	The applicant's record does not contain all of his separation documents which 
reflects the specific facts and circumstances concerning the events which led to the 
discharge from the Army. However, his record does reflect that on 29 October 1993, he 
was notified of the command’s intent for separation under Chapter 13, Army Regulation 
635-200. He acknowledged the following rights:

*	To consult with counsel
*	Obtain copies of documents of his separation processing
*	To submit statement on his own behalf
*	To waive his rights
*	To a complete mental status evaluation
*	That he may expect to encounter substantial prejudice in civilian life if a 
general discharge is issued
*	That he will be ineligible to apply for enlistment for a period of two years after 
discharge

d.	The applicant’s separation recommendation was approved with a general 
discharge, due to unsatisfactory performance, inability to adapt to the military, and 
minor disciplinary infractions.

e.	His DD Form 214 shows he was discharged on 7 December 1993, under the 
provisions of Army Regulation 635-200, Chapter 13 (Unsatisfactory Performance) and 
his service was characterized as under honorable conditions (general). He completed 1 
year, 1 month and 5 days. 


BOARD DISCUSSION:

1.  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 record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation, and published Department of Defense guidance for liberal and clemency 
determinations requests for upgrade of his characterization of service.  Upon review of 
the applicant’s petition and available military records, the Board determined there is 
insufficient evidence of in-service mitigation to overcome the misconduct. The applicant 
was discharged for unsatisfactory performance and was provided an under honorable 
conditions (General) characterization of service.  The Board agreed that the applicant's 
discharge characterization is warranted as he did not meet the standards of acceptable 
conduct and performance of duty for Army personnel to receive an Honorable 
discharge. 

2.  The applicant provided no insufficient evidence of post-service achievements or 
character letters of support that would attest to his honorable conduct that might have 
mitigated the discharge characterization. The Board determined the applicant has not 
demonstrated by a preponderance of evidence an error or injustice warranting the 
requested relief to show he received an honorable discharge vice a general discharge.
Based on this, the Board denied 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.


REFERENCES:

1.  Title 10, 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 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.  Chapter 13 of this regulation provides for separation due to unsatisfactory 
performance when in the commander’s judgment the individual will not become a 
satisfactory Soldier; retention will have an adverse impact on military discipline, good 
order and morale; the service member will be a disruptive influence in the future; the 
basis for separation will continue or recur; and/or the ability of the service member to 
perform effectively in the future, including potential for advancement or leadership, is 
unlikely.  Service of Soldiers separated because of unsatisfactory performance under 
this regulation will be characterized as honorable or under honorable conditions.

3.  Army Regulation 635-5 (Separation Documents), established the standardized policy 
for preparing and distributing the DD Form 214. The regulation directs that the purpose 
of the separation document is to provide the individual with documentary evidence of his 
or her military service. It is important that information entered on the form should be 
complete and accurate.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20230001192

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