IN THE CASE OF: 
 
  BOARD DATE: 19 September 2023 
 
  DOCKET NUMBER: AR20230002207 
 
 
APPLICANT REQUESTS: upgrade of his general, under honorable conditions discharge. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), 1 November 2023. 
 
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 should not have been discharged. They told him it was because he failed his rifle qualification, but he never went to the range. He did not know what was going on until he was being discharged. There was no control in his unit by his superiors. 
 
3.  The applicant provided his application and statement for Board consideration. 
 
4.  A review of the applicant's service records shows: 
 
 a.  On 21 February 1995, he enlisted in the Regular Army for 4 years at age 20. He completed Basic Combat Training, he completed Advanced Individual Training, and he was awarded military occupational specialty 88N (Traffic Management Coordinator). 
 
 b.  On 26 January 1996, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for consuming alcohol on 29 December 1995 while under the age of 21; failing to go to his appointed place of duty at work-call on 21 November 1995 and on 22 November 1995; for making a false official statement, "My plane was cancelled until 0630," which statement was false in that his plane was only delayed. His punishment consisted of reduction from private 2/E-2 to private/E-1, forfeiture of $150.00, extra duty for 7 days, and an oral 
reprimand. The part of his punishment consisting of reduction to private 1/E-1 was suspended for 90 days. He did not appeal this punishment. 
 
 c.  His DA Form 2-1 (Part I) shows that on 26 April 1996, he was promoted to private first class/E-3. 
 
 d.  On 19 February 1997, he was counseled from being absent without leave (AWOL) by leaving his place of duty at around 1130 hours without notifying his chain of command and returned to duty on 18 February 1997.  
 
 e.  On 10 March 1997, he accepted NJP under the provisions of Article 15, of the UCMJ, for failing to go to his appointed place of duty on 13 February 1997. His punishment consisted of forfeiture of $235.00 for 1 month; restriction and extra duty for 14 days, and a written reprimand. 
 
 f.  On 2 April 1997, a bar to reenlistment was imposed against him for having received two instances of NJP and for unattainability, due to having failed to qualify with his assigned weapon after twelve attempts. He elected no to submit a statement in his own behalf. 
 
 g.  On 13 May 1997, the Company Commander, 488th Transportation Detachment, 49th Transportation Battalion, notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, for a pattern of misconduct, and notified him of his rights. The specific reasons for his proposed action were:  He received NJP under Article 15 on 26 January 1996 for consuming alcohol while under the age of 21, failure to report, making a false statement; on 19 February 1997 for being AWOL; for receiving counseling on 19 February 1997 for being AWOL; for receiving NJP on 7 April 1997 for being AWOL; and for being barred from reenlistment. His commander recommended his service be characterized as general, under honorable conditions. He understood he had a right to: 
 
• consult with consulting counsel and/or civilian counsel at no expense to the Government within a reasonable time (not less than 3 duty days) 

• submit written statements in his own behalf 

• obtain copies of documents that would be sent to the separation authority supporting the proposed separation 


 
 h.  On 16 May 1997, he acknowledged receipt of his commander's separation notification. He consulted with counsel and was advised of the basis of the contemplated separation against him, its effect, and his rights. He elected his right to consulting counsel; he elected not to submit statements in his own behalf, and he understood he was not entitled to an administrative separation board since he did not 
have 6 or more years total active and reserve military service at the time of separation. He understood that he may expect to encounter substantial prejudice in civilian life if a discharge under other than honorable conditions was issued to him. 
 
 i.  On 19 May 1997, his company commander initiated separation under Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct, and recommended he be separated with a general, under honorable conditions discharge. The intermediate commander recommended approval. 
 
 j.  On 27 May 1997, he accepted he accepted NJP under the provisions of Article 15, of the UCMJ, for wrongfully using marijuana at Fort Hood on or about 7 April 1997. His punishment consisted of reduction to private/E-1, forfeiture of $416.00 for 2 months, and a verbal reprimand. He did not appeal this punishment. 
 
 k.  On 30 May 1997, the separation authority (Commanding General, 13th Corps Support Command, Fort Hood), approved and ordered the applicant's discharge under provisions of Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct, and directed issuance of a General Discharge Certificate.  
 
 l.  On 30 June 1997, he was discharged with a general, under honorable conditions characterization of service. His DD Form 214 shows he was discharged under provisions of Army Regulation 635-200, paragraph 14-12b, for a pattern of misconduct, and issued a General Discharge Certificate. He completed 2 years, 4 months, and 10 days of net active service this period. Lost time was not denoted on his DD Form 214. He was awarded or authorized: 
 
• National Defense Service Medal 

• Army Service Ribbon 

• Sharpshooter Marksmanship Qualification Badge with Rifle Bar  


 
5.  There is no evidence indicating he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 
 
6.  In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 
 
BOARD DISCUSSION: 
 
After reviewing the application and all supporting documents, 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 was discharged for misconduct – a pattern of misconduct. The Board was not persuaded by the applicant’s contention that he should not have been discharged. His service record reflects the specific reason for his separation as his NJP for consuming alcohol while under the age of 21, failure to report, making a false statement; being AWOL and receiving for being AWOL; for being barred from reenlistment, and wrongfully using marijuana. Additionally, 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 
 
xx: xx: xx: 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.  
 
  9/19/2023

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 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
3.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. 
 
 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. 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. 
 
4.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. 
 
 a.  In Block 24 (Character of Service), enter characterization or description of service determined by directives authorizing separation. 
 
 b.  In Block 25 (Separation Authority), enter the regulatory or other authority cited in the directives authorizing the separation. 
 
 c.  In block 26 (Separation Code), enter the proper separation program designator (SPD) representing the specific authority for separation.  
 
 d.  In Block 28 (Narrative Reason for Separation), enter narrative reason for separation as shown in Army Regulation 635-5-1 based on the regulatory or another authority. 
 
//NOTHING FOLLOWS//