ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2021 DOCKET NUMBER: AR20200007810 APPLICANT REQUESTS: An upgrade of his under other than honorable conditions character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) x2 (one application contains no signature) * Personal Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, in effect, he was set-up by a colonel whom he had a run-in with the first day the colonel arrived. He asked the colonel not to park where he was and he parked there anyway. After this happened, the colonel vowed to get him anyway he could. The applicant also states he cannot see well enough to drive anymore. He is almost blind, he had a heart attack, and a stroke. 3. He indicates in a personal statement, in effect, that he completed his application to the best of his ability, due to health issues. He states that he sent President Trump an e-mail explaining everything (that e-mail is not available). He also states he does not regret serving his country and his Lord and Savior. He served his country twice, once as an enlisted man and then as a chaplain. He worked for a colonel who acted like a child. He has been very sick and has almost lost his vision. He prays to God that the Board will help him. 4. Two DD Forms 214 show the applicant completed honorable enlisted service in the following components: * Army National Guard of the United States (ARNGUS) from 17 August 1958 to 16 February 1959 * United States Army Reserve (USAR) from 4 December 1961 to 9 August 1962 5. According to the applicant’s Personnel Qualification Record, on 18 March 1978, he was appointed a first lieutenant in the ARNGUS. On 29 September 1978, he was appointed a captain in the Army of the United States. His primary specialty was 56A (Command and Unit Chaplain). On 17 January 1983, he was assigned as the hospital chaplain, U.S. Army (USA) Medical Department Activity (MEDDAC), Fort Stewart, GA. 6. An U.S. Army Criminal Investigation Command (also known as the CID) Report of Investigation (Final) shows in: a. Synopsis: Investigation disclosed the applicant developed a relationship with Private First Class (PFC) B, as the hospital chaplain and while consoling her, kissed her on the mouth, and fondled her breast without consent. b. Further investigation also disclosed that on 7 December 1984, at the Holiday Inn Motel, Hinesville, GA, during a unit Christmas Party, the applicant became extremely intoxicated and assaulted Specialist Four (SP4) R by intentionally throwing a glass of water in her face and chest area. c. During this same Christmas Party, he assaulted SP4 D when he placed his arm on her right shoulder and grabbed her right breast. He also assaulted Sergeant (SGT)/E-5 B by striking her in the face with an open hand. The investigation also disclosed: (1) On 26 June 1985, while at Richards Lounge on Simmons Island, GA, the applicant while in an intoxicated state approached Ms. R, grabbed her and forcibly kissed her on the mouth without her consent. (2) On 3 June 1985, at Simmons Island, GA, the applicant kissed Ms. D with her consent while in the rear of his van. (3) On 26 August 1985, at Simmons Island, GA, he kissed Ms. W with her consent, while they were riding in the backseat of a vehicle, he also fondled her breast and thighs, and rubbed his penis against her thigh and vaginal area while they were dancing at the Wander Club on Jekyll Island, GA, the same evening. (4) Ms. D and Ms. W were government employees at Winn Army Hospital where the applicant was the chaplain. (5) The investigation was terminated without all leads being perused, based on legal sufficiency. c. Statutes: The statutes pertinent to the results of this investigation and the following articles of the Uniform Code of Military Justice: * Article 128 - assault * Article 134 - indecent assault * Article 133 - conduct unbecoming an officer and a gentleman d. Background: On 29 August 1985, CID Special Agent (SA) BLB received a telephonic notification from Major L Chief Personnel Office USA MEDDAC, Fort Stewart that the applicant had made sexual advances toward an enlisted Soldier identified as PFC B. The SA was also notified the Winn Army Community Hospital, Commander, had the details of the incident. e. Narrative: The CID SA interviewed each of the above individuals and they described in detail the events that had occurred. (1) Colonel G Commander, USA MEDDAC was also interviewed by the CID SA and he revealed the applicant had been counseled for making improper comments while drinking at a unit social event. The applicant had also successfully completed an alcohol abuse program. Colonel M, 1st Brigade Commander had observed the applicant caressing the arm of an enlisted female Soldier 2 or 3 weeks earlier. Colonel G counseled the applicant concerning this incident. Lieutenant Colonel O, Acting Chief, Department of Nursing, “WACH,” related to him the applicant had made a pass at PFC B. Colonel G interviewed PFC B and she informed him of the applicant kissing her and fondling her breast. PFC B also stated the applicant may also have been having sexual encounters with another female Soldier. The CID SA interviewed several other people PFC B told him about the applicant touching and kissing. (2) The SA interviewed several female Soldiers who stated they had never seen the applicant do anything inappropriate. However, a female Soldier said the applicant told sexually oriented jokes, which made her uncomfortable. f. Interview of Subject: On 30 August 1985, the applicant was interviewed by the CID SA, he was advised of his legal rights for the offenses of indecent assault utilizing DA Form 3881 (Rights Warning Procedure/Waiver Certificate). The applicant declined to waive his rights and requested legal assistance, at which time the interview was terminated. g. On 30 August 1985, the applicant was photographed, finger printed, and released on his own recognizance. 7. A letter, dated 18 September 1985, from the applicant’s previous rater, Colonel L shows the applicant was not selected to major in the last board meeting in May 1985. This rater strongly recommended the applicant be picked up for promotion to major immediately. 8. On 31 October 1985, court-martial charges were preferred against the applicant for: a. On 7 December 1984, unlawfully slapping SGT B on the face with his open hand, while attending the unit Christmas Party. b. On 7 December 1984, unlawfully striking SP4 R on the face and chest area with a glass of water, while attending the unit Christmas Party. c. On 7 December 1984, unlawfully slapping SGT B on the face with his open hand, while attending the unit Christmas Party and under circumstances the act constituted conduct unbecoming an officer and a gentleman. d. On 7 December 1984, unlawfully striking SP4 R on the face and chest area with a glass of water and under the circumstances the act constituted conduct unbecoming an officer and a gentleman. e. On 7 December 1984, committing an indecent assault upon SP4 D a person not his wife by placing his arm on her right shoulder and grabbing her breast, and under the circumstances the acts constituted conduct unbecoming an officer and a gentleman. f. On an unknown date in May 1985, committing an indecent assault upon PFC B a person not his wife by kissing her on the mouth and fondling her breast, and under the circumstances the acts constituted conduct unbecoming an officer and a gentleman. g. On 3 June 1985, wrongfully kissing Ms. D, a person not his wife on the mouth and under the circumstances the act constituted conduct unbecoming an officer and a gentleman. h. On or about 26 June 1985, committing an indecent assault upon Mrs. R a person not his wife by kissing her on the mouth and under the circumstances the act constituted conduct unbecoming an officer and a gentleman. i. On or about 26 August 1985, wrongfully and willfully kissing on the mouth and fondling the breast of Ms. W a person not his wife and under the circumstances the acts constituted conduct unbecoming an officer and a gentleman. J. On an unknown date in May 1985, committing an indecent assault upon PFC B a person not his wife by kissing her on the mouth and fondling her breast, with the intent to gratify his lust and sexual desires. k. On 7 December 1984, while attending a unit Christmas Party, commit an indecent assault upon SP4 D a person not his wife by placing his arm on her right shoulder and grabbing her right breast, with the intent to gratify his lust and sexual desires. l. On or about 26 June 1985, while on temporary duty, committing an indecent assault upon Mrs. R a person not his wife by kissing her on the mouth, with the intent to gratify his lust and sexual desires. 9. On 13 November 1985, the applicant voluntarily tendered his resignation from the Army for the good of the service under the provisions of Chapter 5, AR 635-120 (now AR 600-8-24). He would have been required to acknowledge: * He did not desire to appear before a court-martial and he had not been subject to any coercion with respect to this resignation * He had been afforded the opportunity to present matters in explanation, mitigation, or defense of his case * He understood if his resignation was accepted, it could be considered as under other than honorable conditions * He understood if his discharge request were approved, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Veterans Administration * He understood he could be deprived of his rights and benefits as a veteran under both Federal and State laws 10. On 5 December 1985, The Commanding General, 24th Infantry Division, recommended approval of the voluntary request for resignation submitted by the applicant and that his service be characterized as under other than honorable conditions. 11. On 24 December 1985, the Judge Advocate General reviewed the applicant’s resignation for legal sufficiency. 12. A Department of the Army Ad Hoc Review Board convened and recommended the resignation for the good of the service tendered by the applicant be accepted with discharge under other than honorable conditions. 13. On 10 January 1986, the Deputy Assistant Secretary of the Army (Department of the Army Review Boards and Equal Opportunity Compliance and Complaints Review) approved the recommendation of the Department of the Army Ad Hoc Review Board that the resignation for the good of the service tendered by the applicant be accepted with discharge under other than honorable conditions. 14. On 31 January 1986, the applicant was discharged. His DD Form 214 shows he completed 7 years, 4 months, and 5 days of net active service this period and 1 year, 3 months, and 19 days of total prior active service. His DD Form 214 also shows in: * Character of Service, “Under Other than Honorable Conditions” * Separation Authority, Chapter 5, AR 635-120 * Narrative Reason for Separation, Under Other than Honorable Conditions 15. Army Regulation 635-120, in effect at the time (now AR 600-8-24) implemented the statutory provisions of Title 10, U.S. Code governing officer separations and provided policies and procedures for separating officers from active duty. Chapter 5 of this regulation provided that an officer may submit a resignation for the good of the service when court-martial charges were preferred against the officer with a view toward trial by general court-martial, the officer is under suspended sentence of dismissal, or the officer elected to tender a resignation because of reasons outlined in AR 635-100 (Personnel Separations - Officer Personnel), paragraph 5-11a(7) (misconduct or moral or professional dereliction) prior to charges being preferred and prior to being recommended for elimination under the provisions of AR 635-100. The regulation provided that a resignation for the good of the service, when approved at Headquarters, Department of the Army, was normally accepted as being under other than honorable conditions. 16. The applicant provides a personal statement indicating he completed his application to the best of his ability, due to health issues. He has been very sick and has almost lost his vision. He does not regret serving his country and his Lord and Savior. He served his country twice, once as an enlisted man and then as a chaplain. He worked for a colonel who acted like a child. He prays to God the Board will help him. He also stated he sent President Trump an e-mail that is not available. 17. The applicant contends he was set-up by a colonel with whom he had a run-in with concerning a parking related issue. After this happened, the colonel vowed to get him anyway he could. He also contends that he cannot see well enough to drive anymore, he is almost blind, he had a heart attack, and a stroke. 18. The applicant's records show he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge. He was charged with multiple offenses of assault and multiple offenses of conduct unbecoming an officer and a gentleman. He completed 7 years, 4 months, and 5 days on his current period of service and 1 year, 3 months, and 19 days of total prior active service. 19. In reaching its determination, the Board can consider the CID Report, the applicant’s petition, submission, and his service record in accordance with the published equity, injustice, or clemency 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 statement, his record of service, and documents provided by the applicant. The Board considered the frequency and nature of his misconduct and the reason for his separation. The applicant provided no evidence of post-service achievements or letters of reference in support of a clemency determination. Base 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 XXX XXX XXX 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. X CHAIRPERSON 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. ADMINISTRATIVE NOTE(S): NA 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 Army Board for Correction of Military Records (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 635-120, in effect at the time (now AR 600-8-24) implemented the statutory provisions of Title 10, U.S. Code governing officer separations and provided policies and procedures for separating officers from active duty. Chapter 5 of this regulation provided that an officer may submit a resignation for the good of the service when court-martial charges were preferred against the officer with a view toward trial by general court-martial, the officer is under suspended sentence of dismissal, or the officer elected to tender a resignation because of reasons outlined in AR 635-100 (Personnel Separations - Officer Personnel), paragraph 5-11a(7) (misconduct or moral or professional dereliction) prior to charges being preferred and prior to being recommended for elimination under the provisions of AR 635-100. The regulation provided that a resignation for the good of the service, when approved at Headquarters, Department of the Army, was normally accepted as being under other than honorable conditions. 3. Army Regulation 600-8-24 (Officer Transfers and Discharges), prescribes the transfer or discharge of officers from active duty. An officer will normally receive an: a. Honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty, or the final revocation of a security clearance for reasons that do not involve acts of misconduct, for an officer. b. Under Honorable Conditions characterization of service when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an Honorable discharge. c. Under Other Than Honorable Conditions characterization of service when the officer resigns for the good of the service, dropped from the rolls of the Army, involuntarily separates due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct, including misconduct for which punishment was imposed; or are discharged following conviction by civilian authorities. //NOTHING FOLLOWS//