IN THE CASE OF:  

		BOARD DATE:  13 September 2023

		DOCKET NUMBER:  AR20230002165


APPLICANT REQUESTS:  An upgrade of his under other than honorable conditions 
(UOTHC) discharge to an under honorable conditions (general) discharge, and a 
personal appearance before the Board, if needed. 

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

*	DD Form 293 (Application for the Review of Discharge)
*	DD Form 149 (Application for Correction of Military Record)

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, he requests an upgrade because he was 17 years old 
with a wife and a kid at the time. 

3.  On 8 September 1969, the applicant enlisted in the Regular Army for a 2-year 
service obligation, at the age of 17 years, 3 months, and 6 days. 

4.  He arrived at Fort Dix, NJ, for basic training on 8 September 1969 and was reported 
as absent without leave (AWOL) on 4 October 1969. 

5.  On 8 March 1971, the applicant was found guilty by a special court-martial of being 
AWOL from on or about 4 October 1969 until 24 October 1969. His sentence included 
confinement at hard labor for 105 days. The sentence was approved and ordered duly 
executed on 11 March 1971, but his confinement to hard labor was suspended for 105 
days. 

6.  His DA Form 20 (Enlisted Qualification Record) shows he was again reported AWOL 
on or about 2 April 1971. 

7.  On 25 May 1971, the applicant waived counsel and during a pretrial interview an 
interviewing officer noted the applicant wanted a separation due to family problems, he 
had three total AWOLs including a 13-month absence and would go AWOL again. 

8.  On 28 May 1971, court-martial charges were preferred against the applicant for 
violations of the Uniform Code of Military Justice (UCMJ). The DD Form 458 (Charge 
Sheet) shows he was charged with being AWOL from the U.S. Army Personnel Control 
Facility, Fort Knox, KY on or about 2 April 1971 until 24 May 1971. 

9.  On 7 June 1971, after consulting with counsel, the applicant voluntarily requested 
discharge under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), Chapter 10, for the good of the service. In his request, he 
acknowledged he was making the request of his own free will, that no one had 
subjected him to coercion, and that counsel had advised him of the implications of his 
request. He elected not to submit a statement in his own behalf. 

10.  The separation authority’s approval is not available for review in his case. However, 
Special Orders Number 131 Extract, issued by the U.S. Army Personnel Control 
Facility, Fort George G. Meade, MD ordered the applicant’s discharge for the good of 
the service, under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), Chapter 10; with the issuance of a DD Form 258A (Undesirable 
Discharge Certificate). 

11.  On 1 July 1971, the applicant was discharged. His DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) confirms he was discharged under 
the provisions of Army Regulation 635-200, Chapter 10, with Separation Program 
Number 246 (for the good of the service). His service was characterized as UOTHC. He 
was credited with completing 6 months and 15 days of net active service this period, 
with 464 days of lost time. 

12.  The applicant was charged due to the commission of an offense punishable under 
the Uniform Code of Military Justice with a punitive discharge. Subsequent to being 
charged, he consulted with counsel and requested discharge under the provisions of 
Army Regulation 635-200, Chapter 10. Such discharges are voluntary requests for 
discharge in lieu of trial by court-martial. 

13.  In reaching its determination, the Board can consider the applicant’s petition, 
arguments and assertions, and service record in accordance with the published equity, 
injustice, or clemency guidance. 




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 Board 
noted, the applicant provided insufficient evidence of post-service achievements or 
character letters of support that can attest to his honorable conduct that might have 
mitigated the discharge characterization.

2.  The Board determined the applicant’s service record exhibits numerous instances of 
misconduct during his enlistment period for 6 months and 15 days of net service for this 
period.  Furthermore, the Board found the applicant has not demonstrated by a 
preponderance of evidence an error or injustice warranting the requested relief, 
specifically an upgrade of the under other than honorable conditions (UOTHC) 
discharge to an under honorable conditions (general) discharge.  Therefore, the Board 
denied relief.

3.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR. 
The ABCMR has the discretion to hold a hearing; applicants do not have a right to 
appear personally before the Board. The Director or the ABCMR may grant formal 
hearings whenever justice requires. 

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel. The version in effect at the time provided that: 

   a.  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.  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 10 provided that a member who had committed an offense or offenses, 
for which the authorized punishment included a punitive discharge, could submit a 
request for discharge for the good of the service in lieu of trial by court-martial. The 
request could be submitted at any time after charges had been preferred and must have 
included the individual's admission of guilt. Although an honorable or general discharge 
was authorized, a UOTHC discharge was normally considered appropriate. 

4.  On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Service 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, 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)	AR20230002165


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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