IN THE CASE OF:  

BOARD DATE:  14 October 2021

DOCKET NUMBER:  AR20210010408


APPLICANT REQUESTS:  an upgrade of his under other than honorable conditions 
(UOTHC) discharge.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge) 
*	DD Forms 214 (Report of Separation from Active Duty/Certificate of Release or 
Discharge from Active Duty)
*	Letter from spouse 
*	Veterans Administration (VA) medical documents and progress notes 

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 he has two previous honorable discharges.  Post-traumatic 
stress disorder (PTSD) from Vietnam contributed to his behavior and self-medicating.  
Friction between his commanding officer (Captain JB) contributed to his discharge.  The 
VA determined that his service was honorable.  He has lived as a productive member of 
society even while struggling daily with the effects of his PTSD.  He sees a counselor 
and looks forward to when he can retire and go to group meetings.  He drives a truck so 
he is not home in order to take advantage of the group meetings as of now.        

3.  His record shows:  

*	7 August 1972, the applicant enlisted in the Regular Army for a period of 2 
years 
*	7 June 1974, he received non-judicial punishment (NJP) under the provisions 
of Article 15 of the Uniform Code of Military Justice (UCMJ) for disobeying a 
lawful command from his superior commissioned officer; he did not appeal 
*	12 August 1974, he was honorably discharged and transferred to the United 
States Army Reserve 
*	30 October 1974, the applicant enlisted in the Regular Army for a period of 4 
years 
*	21 November 1975, he was convicted by court-martial for being absent 
without leave from on or about 31 October to 12 November 1975 
*	he was promoted to sergeant (E-5) with a date of rank of 12 June 1978, and 
an effective date of 1 July 1978 
*	17 October 1978, the applicant was honorably discharged for the purpose of 
immediately reenlisting into the Regular Army 

4.  On 18 October 1978, the applicant immediately reenlisted in the Regular Army for a 
period of 3 years; and he immediately reenlisted again on 18 July 1981 for a period of 4 
years.  The DD Form 214 he is requesting to correct covers both periods.          

5.  On 21 September 1983, he received NJP under the provisions of Article 15 of the 
UCMJ for testing positive for marijuana.  His punishment consisted of reduction to 
specialist four (E-4) and forfeiture of $400.  The applicant did not appeal.  

6.  His record contains documents that show he has applied on several occasions to the 
Army Discharge Review Board (ADRB) for an upgrade of his discharge; however, the 
applicant’s complete discharge packet/proceedings were not available for review or 
consideration.  The ADRB and ABCMR could not verify the complete facts and 
circumstances surrounding the applicant’s discharge.   

7.  On 6 August 1987, the Executive Secretary of the ABCMR provided a memorandum 
for record pertaining to the applicant’s request for an upgrade of his discharge, and 
stated:

	a.  The applicant submitted a DD Form 293 requesting upgrade of his UOTHC 
discharge.  Although all previous correspondence addressed to the applicant had been
returned undelivered, Management Information and Support Directorate (MISD) 
informed him on 21 April 1987 at the address shown on DD Form 293 that his case was 
being referred to the ABCMR.  All attempts by MISD to locate his discharge packet, 
which was missing from his records, were to no avail.

	b.  The applicant initially enlisted in the Army on 30 October 1974.  He was 
ultimately discharged on 24 February 1984 under the provisions of chapter 14, Army 
Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Misconduct 
(pattern of misconduct).  He attained the grade of sergeant (E-5) on 12 June 1978 and 
held that grade until he was reduced to E-4 by NJP on 21 September 1983, based upon 
a positive drug urinalysis, which the review team subsequently confirmed as 
supportable.  Other than the aforementioned NJP, there was no evidence of misconduct 
during his last period of service due to the unavailability of his discharge packet, i.e., 
chapter 14 proceedings.

	c.  Since the urinalysis was supportable, the NJP was appropriate.  In the absence 
of the necessary documents, the case was closed without action with the return of the 
applicant’s official military personnel file to the Army Reserve Personnel Center 
(ARPERCEN).  If the applicant should contact the Department in the future and the 
discharge documentation is still not available, he could request a personal appearance 
before the ADRB and give oral testimony concerning his discharge. 

8.  The applicant’s record did not contain a complete discharge packet; nevertheless, a 
DD Form 214 that he signed for shows on 24 February 1984, he was discharged under 
other than honorable conditions in accordance with AR 635-200, paragraph 14-12b, for 
“misconduct – pattern of misconduct”.  He completed 5 years, 4 months, and 7 days of 
net active service this period.  He was awarded or authorized the:

*	Army Good Conduct Medal (3rd award)
*	National Defense Service Medal
*	Army Service Ribbon 
*	Overseas Service Ribbon
*	Sharpshooter Qualification Badge with M-16 Rifle Bar

9.  In support of his case the applicant provided VA medical documents and progress 
notes that show he was diagnosed and treated for PTSD (chronic), depressive disorder, 
insomnia (unspecified), hepatitis C, lipoma, and back pain.  He also provided a 3-page 
letter from his spouse describing his behavior and medical issues.  The documents 
were provided to the Board and Army Review Boards Agency (ARBA) medical staff for 
review and consideration.      

10.  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 Army Board for Correction of Military Records (ABCMR).  In 
pertinent part, it states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The ABCMR will decide cases based on the 
evidence of record.  It is not an investigative agency.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  Chapter 14 establishes policy and prescribes procedures for separating 
members for misconduct.  Specific categories include minor disciplinary infractions (a 
pattern of misconduct consisting solely of minor military disciplinary infractions), a 
pattern of misconduct (consisting of discreditable involvement with civil or military 
authorities or conduct prejudicial to good order and discipline), 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.  

12.  The Board can consider the applicant's petition, service record, and statements in 
light of the published guidance on equity, injustice, or clemency.   

13.  MEDICAL REVIEW:  The ARBA Medical Advisor reviewed the supporting 
documents and the applicant’s military service records. His hardcopy military medical 
records were not available for review. A review of the VA's Joint Legacy Viewer 
indicates the applicant has a service connected disability rating of 100% with 30% for 
PTSD. There is documentation to support a behavioral health diagnosis at the time of 
his discharge. There is no documentation to suggest he did not meet retention 
standards at the time of his discharge. 

BOARD DISCUSSION:

The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, a medical review, and published Department of Defense 
guidance for liberal consideration of discharge upgrade requests. The Board considered 
the applicant's statement, his record of service, the frequency and nature of his 
misconduct, and the reason for his separation. The Board considered the applicant's 
PTSD claim and the review and conclusions of the ARBA Medical Advisor. The Board 
found insufficient evidence of in-service mitigating factors and found that, without 
knowing what specific types of misconduct formed the pattern of misconduct that led to 
his discharge, it cannot be determined whether or not his PTSD was a mitigating factor 
for that misconduct.  Based on a preponderance of evidence, the Board determined the 
character of service the applicant received upon separation was not in error or unjust. 
The Board concurs with the corrections described in Administrative Note(s) below.

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:

Other than the corrections addressed in Administrative Note(s) below, the Board 
determined 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 
otherwise 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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's record shows his DD Form 214 (Certificate of Release or
Discharge from Active Duty), for the period ending 24 February 1984, is missing 
important entries that may affect his eligibility for post-service benefits. As a result, 
amend the DD Form 214 by adding the following entries to item 18 (Remarks):

•  "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE"
•  "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 781018 UNTIL
         810717"


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 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 Army Board for Correction of Military Records (ABCMR).  In 
pertinent part, it states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The ABCMR will decide cases based on the 
evidence of record.  It is not an investigative agency.

3.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth 
the basic authority for the separation of enlisted personnel.  Chapter 14 establishes 
policy and prescribes procedures for separating members for misconduct.  Specific 
categories include minor disciplinary infractions (a pattern of misconduct consisting 
solely of minor military disciplinary infractions), a pattern of misconduct (consisting of 
discreditable involvement with civil or military authorities or conduct prejudicial to good 
order and discipline), 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.  On 3 September 2014, the Secretary of Defense (Honorable Mr. Hagel) directed the 
Service Discharge Review Boards (DRBs) and Service Boards for Correction of 
Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, 
detailed medical considerations and mitigating factors when taking action on 
applications from former service members administratively discharged UOTHC and who 
have been diagnosed with PTSD by a competent mental health professional 
representing a civilian healthcare provider in order to determine if it would be 
appropriate to upgrade the characterization of the applicant's service.  The 
memorandum also contains guidance that states: 

	a.  Corrections Boards will exercise caution in weighing evidence of mitigation in 
cases in which serious misconduct precipitated a discharge with a characterization of 
service of under other than honorable conditions.  Potentially mitigating evidence of the 
existence of undiagnosed combat-related PTSD or PTSD-related conditions as a 
causative factor in the misconduct resulting in discharge will be carefully weighed 
against the severity of the misconduct.  

	b.  PTSD is not a likely cause of premeditated misconduct.  Corrections Boards will 
also exercise caution in weighing evidence of mitigation in all cases of misconduct by 
carefully considering the likely causal relationship of symptoms to the misconduct.   

5.  On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and 
Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs 
and BCM/NRs when considering requests by Veterans for modification of their 
discharges due in whole or in part to:  mental health conditions, including PTSD; 
traumatic brain injury (TBI); sexual assault; or sexual harassment.  Boards are to give 
liberal consideration to Veterans petitioning for discharge relief when the application for 
relief is based in whole or in part to those conditions or experiences.  The guidance 
further describes evidence sources and criteria and requires Boards to consider the 
conditions or experiences presented in evidence as potential mitigation for misconduct 
that led to the discharge.  

6.  On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military Discharge Review Boards and Boards for Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations.  

     a.  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. 
 
     b.  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.  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.    

7.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy
and procedural guidance relating to transition management.  It explains separation
document preparation, distribution, correction, and transition processing.
	
      a.  The DD Form 214 is a summary of the Soldier's most recent period of continuous
active duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  A DD Form 214 will be prepared for all Regular Army Soldiers on 
termination of active duty because of administrative separation (including separation 
because of retirement or expiration term of service), physical disability separation, or 
punitive discharge resulting from a court-martial.  A DD Form 214 will not be prepared 
for Soldiers discharged for immediate reenlistment in the Regular Army. 
  
     b.  The detailed instructions for preparation of the DD Form 214 state, in pertinent
part:  

		(1) Mandatory entry:  "SOLDIER [HAS] [HAS NOT] COMPLETED FIRST FULL
TERM OF SERVICE."  This information assists the State in determining eligibility for 
unemployment compensation entitlement.

		(2) To determine if an enlisted Soldier has completed the first full term of 
enlistment, refer to the enlistment contract and any extensions to those initial enlistment 
documents and compare the term of enlistment to the net service in block 12c (Net 
Active Service) of the DD Form 214.  If the Soldier has completed or exceeded the initial 
enlistment, enter "HAS."  If block 12c of the DD Form 214 is less than the Soldier's 
commitment, enter "HAS NOT."
	
		(3)  For enlisted Soldiers with more than one enlistment period during the time 
covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" 
as a conditional entry and specify the inclusive dates for each period of reenlistment. 

		(4)  For Soldiers who previously reenlisted without being issued a DD Form 214 
and are separated with any characterization of service except "HONORABLE," enter 
"CONTINUOUS HONORABLE ACTIVE SERVICE FROM [first day of service for which
DD Form 214 was not issued] UNTIL [date before commencement of current 
enlistment]"; then enter the specific periods of reenlistment as prescribed above.    

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210010408

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEDING



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