BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013091 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013091 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 24 of his 29 May 1997 DD Form 214 and adding the entry "Honorable." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the character of service recorded in item 24 of his 28 July 1999 DD Form 214. ___________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. BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013091 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 correction of his records to show he was honorably discharged. 2. The applicant states, in effect, that he was told his under honorable conditions discharge would be upgraded to honorable 6 months after he was discharged. 3. The applicant provides no documentary evidence in support of his application. 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 Army National Guard (ARNG) of the United States (ARNGUS) and the South Carolina ARNG (SCARNG) on 3 January 1997. 3. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 3 February 1997, was released from active duty for training (ADT) on 29 May 1997 based on completion of required active service, and transferred to a SCARNG unit. He had completed 3 months and 27 days of net active service. It also shows in: * item 11 (Primary Specialty): 51B10, Carpenter and Masonry Specialist * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * item 14 (Military Education): Carpentry and Masonry Specialist, 7 Weeks, May 1997 * item 24 (Character of Service): "Uncharacterized" 4. He was promoted to private first class (PFC)/pay grade E-3 on 4 August 1997. 5. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged from the SCARNG and as a Reserve of the Army on 20 April 1998 for enlistment in any component of the U.S. Armed Forces. He had completed 1 year, 3 months, and 18 days of net service this period. 6. The applicant enlisted in the Regular Army (RA) on 21 April 1998 for a period of 3 years. Upon completion of training he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). He was assigned overseas to the Republic of Korea on 12 August 1998. 7. A review of the applicant's military personnel records failed to reveal a copy of his separation packet. 8. Camp Casey Transition Center, Orders 196-005, dated 15 July 1999, discharged the applicant from the RA on 28 July 1999. 9. A DD Form 214 shows the applicant entered active duty this period on 21 April 1998 and he was discharged under honorable conditions on 28 July 1999 under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-18, based on a medical condition, not a disability. He had completed 1 year, 3 months, and 8 days of net active service this period. It also shows in: * item 13 – * Army Service Ribbon * Overseas Service Ribbon * item 18 (Remarks): "Member has not completed first full term of service." * item 24: "Under Honorable Conditions (General)" 10. A review of the applicant's military personnel records failed to reveal any evidence that he was informed/advised that the characterization of his discharge would be upgraded 6 months after the date of his discharge. 11. A review of the applicant's military personnel records failed to reveal evidence that he applied to the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. AR 635-200, in effect at the time, shows in Chapter 5 (Separation for Convenience of the Government), paragraph 5-18, that when a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. A Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry level status. 2. AR 635-200 (Active Duty Enlisted Administrative Separations), Chapter 3 (Description of Separation), currently in effect, shows in: a. paragraph 3-7 (Types of administrative discharges/character of service), an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier'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. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. paragraph 3-9 (Uncharacterized separations), a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when, in pertinent part, the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. 3. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from ADT, prescribed the policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for item 24, the authorized entries are – * Honorable * Under Honorable Conditions (General) * Under Other Than Honorable Conditions * Bad Conduct * Dishonorable * Uncharacterized * Not Applicable 4. AR 636-8 (Separation Processing and Documents), currently in effect, shows for item 24, that the correct entry is vital since it affects a Soldier's eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. When a Reserve Component Soldier successfully completes initial active duty training the character of service is honorable, unless directed otherwise by the separation approval authority. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The regulation provides that 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. DISCUSSION: 1. The applicant contends that his records should be corrected to show he was honorably discharged because he was told his discharge would be upgraded 6 months after he was discharged. 2. The evidence of record shows at the time of the applicant's release from ADT on 29 May 1997 he had successfully completed his initial MOS training and he was credited with 3 months and 27 days of net active service for that period of service. Thus, he was in an entry-level status at the time and the character of his service ("uncharacterized") was correctly entered in item 24 of his DD Form 214. a. However, the governing Army regulations have since changed and an "honorable" character of service is authorized for a Soldier in entry-level status provided he/she successfully completes initial entry training and is awarded an MOS. b. Based on the evidence of record, it would be appropriate to correct the character of service shown on the applicant's 29 May 1997 DD Form 214. 3. The evidence of record shows the applicant was discharged under honorable conditions on 28 July 1999 based on a medical condition (not a disability). The evidence of record also shows he completed about 1 year and 3 months of his 3-year active duty obligation. 4. In the absence of evidence to the contrary, the discharge process, the type of discharge, and the characterization of service directed is presumed to have been, and still is, appropriate. 5. The Army has never had a policy that authorized the automatic upgrade of the characterization of a discharge 6 months after the date of discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013091 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013091 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2