BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140002616 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his under other than honorable conditions discharge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different narrative reason for separation and separation code.  

2.  The applicant states:  

	a.  At the time of his discharge, he was unaware of the facts warranting a more favorable discharge. 

	b.  There is no excuse that will justify committing the senseless act that resulted in him being released from the military with his service characterized as under other than honorable conditions. 

	c.  He will not blame it on being young and immature, which at the time he was.  Nor will he use the excuse that wisdom is not wasted on the youth.  He acknowledges that he made a terrible mistake and he is truly sorry and remorseful for the poor decision he made which greatly impacted his future. 

	d.  Since that time, he has matured and he has achieved many accomplishments demonstrating his character as a positive contributor to society.

	e.  Upon his discharge from the U.S. Army, he has regularly maintained meaningful employment.  He is currently married and has two adult children.  His eldest child is 28 years old and he is still parenting his 24-year old adult daughter with autism.

	f.  He graduated from Edward Waters College in Jacksonville, FL, in 2005 with a degree in Business Administration and Organizational Management.  From 1997 to 2006, he served as an Associate Minister at Greater Mount Zion African Methodist Episcopal Church, West Park, FL, and he continued to be committed to ministry and community outreach after 2006 when he transitioned his service to Gethsemane Missionary Baptist Church, West Park, FL.

	g.  Ministry has given him numerous opportunities to provide outreach and service to others.  It is with humility that in 2008 he was privileged to provide pastoral care to patients who were transitioning and provided grief counseling to family members who had just lost loved ones at Jackson Memorial Hospital, Miami, FL.  In addition, while at Gethsemane Missionary Baptist Church, he served as an Associate Minister, an Assistant Sunday School Teacher, the Laymen's Department Vice President, the Laymen's Department Secretary and, the Evangelism Director.  He also served as the District Laymen's Secretary for the Seaboard Missionary Baptist Association, Miami, FL. 

	h.  In 2009, he received Baptist ordination orders.  In 2011, he obtained a Masters Degree in Divinity from the Interdenominational Theological Center in Atlanta, GA, and he has since become the Senior Pastor and Teacher of Greater Mount Everett Missionary Baptist Church in Hallandale, FL.

	i.  In January 2013, he realized that people make decisions in life which can impact their lives in a negative manner.  He is truly sorry for the mistake he made which resulted in him being other than honorably discharged from the military. 

	j.  It is his prayer that those who are in this decision-making process will take into consideration that the person addressing this letter is not the same individual who received the less-than-honorable discharge at the age of 21. 

	k.  His résumé shows his accomplishments, and he hopes the Board will take into consideration that he has learned and that he has grown greatly from his mistakes.  He is sincerely asking that those who hold this discharge in their hands to please upgrade his discharge which will put him in a position to better serve his family and others in the community.  

3.  The applicant provides a Police Department Local Records Check, six third-party character reference letters, and his professional résumé.


CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 21 July 1981.  

3.  He accepted nonjudicial punishment (NJP) on 7 September 1981, for unlawfully striking another Soldier with a closed fist, and on 4 May 1982, for disobeying a lawful order from his superior noncommissioned officer (NCO) and for disrespecting his superior NCO.

4.  His records include two official messages from the U.S. Army Criminal Investigation Command (CID) that indicate that on 29 March 1983 he sold approximately 15 grams of marijuana in the hashish form to a CID confidential informant in the presence of a CID Drug Suppression Team member.  

5.  His records are void of a separation packet containing the specific facts and circumstances surrounding his discharge processing; however, his record does contain a DD Form 214 which identifies the authority and reason for his separation.

6.  His DD Form 214 shows he was discharged on 23 August 1983, in the rank/grade of private/E-1, after completing 2 years, 1 month, and 3 days of active service.  It also shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, with his service characterized as under other than honorable conditions.  

* Item 26 (Separation Code) shows he was assigned a separation code of "KFS"
* Item 28 (Narrative Reason for Separation) shows he was separated for the good of the service in lieu of trial by court-martial

7.  The Army Discharge Review Board denied his request for an upgrade of his discharge on 1 April 1985.

8.  He provides a police record check, six third-party character reference letters that attest to his positive post-service conduct and service to the community, and his professional résumé that outlines his post-service professional accomplishments.  

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation provides in:

	a.  Chapter 10 that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  A discharge under other than honorable conditions is normally issued to an individual who is discharged for the good of the service.

	b.  Paragraph 3-7a provides that 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

	c.  Paragraph 3-7b provides that 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.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities, reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code KFS is the appropriate code to assign to Soldiers separated under the provisions of chapter 10 of Army Regulation 635-200, by reason of for the good of the service - in lieu of trial by court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his discharge and correction of his DD Form 214 to show a different separation code and narrative reason for separation has been carefully considered.  
2.  His record is void of the specific facts and circumstances surrounding his discharge; however, it appears he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge.  

3.  Discharges under the provisions of Army Regulation 635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  He is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  

4.  His record of indiscipline includes NJP for striking another Soldier with a closed fist, disrespect towards his superior NCO, failure to obey a lawful order from his NCO, distribution of marijuana in the hashish form, and court-martial charges.  Based on the seriousness of his misconduct, his overall record of service did not support the issuance of an honorable or general discharge by the separation authority at the time and it does not support an upgrade of his discharge now.

5.  Based on his separation under the provisions of Army Regulation 635-200, chapter 10, the separation code and narrative reason for separation shown on his DD Form 214 are correct.  Therefore, there is no basis to change these entries on his DD Form 214.

6.  His argument and his post-service accomplishments were noted; however, he has failed to show that his discharge processing, the characterization of his service, narrative reason for separation, and the separation code he received were in error or unjust.  As a result, there is no basis for granting his requested relief.  

BOARD VOTE:

________  ________  ________  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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20140002616



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ABCMR Record of Proceedings (cont)                                         AR20140002616



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