IN THE CASE OF: 

		BOARD DATE: 9 November 2023

		DOCKET NUMBER: AR20230004262


APPLICANT REQUESTS: upgrade of his under honorable conditions (general) 
discharge to honorable. 

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

DD Form 293 (Application for the Review of Discharge)

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 he is considering a Veterans Administration loan for his first 
house and hopes that an honorable discharge would increase the odds and amount. He 
also wants to try United Services Automobile Association for home and auto insurance, 
and they only accept honorable discharges. 

3.  The applicant enlisted in the Regular Army on 28 June 1983 for 4 years. His military 
occupational specialty was 36C (Wire Systems Installer). 

4.  The applicant served in Italy from 8 September 1985 through 9 June 1987.

5.  The applicant accepted nonjudicial punishment under Article 15 of the Uniform Code 
of Military Justice (UCMJ) on 6 April 1987, for wrongful use and possession of 
marijuana, a controlled substance on between on or about 1 October 1986 and on or 
about 11 December 1986. His punishment consisted of reduction to private 2/E-2, 
forfeiture of $200.00 per month for two months, and extra duty.

6.  The applicant's record is void of a separation packet containing the specific facts and 
circumstances surrounding his discharge processing; however, Orders 101-2, dated 
1 June 1987, issued by Headquarters, 509th Signal Battalion, Europe, reassigned him 
for separation processing and discharge under the authority of Army Regulation (AR) 
635-200 (Personnel Separations-Enlisted Personnel), effective 10 June 1987.

7.  The applicant was discharged on 10 June 1987. His DD Form 214 (Certificate of 
Release or Discharge from Active Duty) shows he was discharged under the provisions 
of AR?635-200, paragraph 14-12c, for misconduct-abuse of illegal drugs. He was 
assigned Separation Code JKK with Reenlistment Code 3 and 3C. His service was 
characterized as under honorable conditions (general). He completed 3 years, 11 
months, and 13 days of net active service. His awards included the Army Service 
Ribbon and the Army Achievement Medal. 

8.  Soldiers are subject to separation under the provisions AR 635-200, Chapter 14, for 
commission of a serious offense. A discharge under other than honorable conditions 
(UOTHC) is normally appropriate for a Soldier discharged under this chapter. However, 
the separation authority may direct a general discharge if such is merited by the overall 
record. 

9.  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:

The Board carefully considered the applicant's request, evidence in the records, and 
published Department of Defense guidance for consideration of discharge upgrade 
requests. The Board considered the applicant's statement, his record of service, the 
frequency and nature of his misconduct, the reason for his separation, and whether to 
apply clemency. The Board found insufficient evidence of in-service mitigating factors 
and the applicant provided no evidence of post-service achievements or letters of 
reference in support of a clemency determination. Based on a preponderance of the 
evidence, the Board determined 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 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 14 established policy and prescribed procedures for separating members 
for misconduct. Specific categories included minor disciplinary infractions, a pattern of 
misconduct, commission of a serious offense, conviction by civil authorities, desertion, 
or absences without leave. Action would be taken to separate a member for misconduct 
when it was clearly established that rehabilitation was impracticable or was unlikely to 
succeed. A discharge under other than honorable conditions was normally considered 
appropriate. However, the separation authority could direct a general discharge if 
merited by the Soldier's overall record.

3.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Service Discharge Review Boards and Service Boards for Correction of Military/Naval 
Records (BCM/NR) on 25 July 2018, 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 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 grounds.   

     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, 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)	AR20230004262


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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