IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150019050 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 IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150019050 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 12 October 2007, to show: * the character of his service as honorable * his reentry code as "1" 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 upgrading his 30 January 2012 discharge from the United States Army Reserve to show the character of his service as honorable. ___________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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150019050 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: a. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 12 October 2007 to show the character of his service as honorable instead of uncharacterized; b. an upgrade of his discharge from the U.S. Army Reserve (USAR), effective 30 January 2012, from an under other than honorable conditions discharge to an honorable discharge; and c. correction of his ARPC Form 249-E (Chronological Statement of Retirement Points). d. restoration of his benefits, to include the Department of Veterans Affairs (VA) loan, GI Bill, and tuition assistance. 2. The applicant states, in effect: a. He believes he was unfairly rendered an under other than honorable conditions discharge from the USAR. First of all, he would like to say that this determination does not in any way characterize him nor does it define him as a Christian, a person, and especially not as a Soldier. He has been profoundly wounded and hurt by the Army Discharge Review Board’s decision, given his track record as a dedicated Soldier. He wants his service to his country to be characterized as honorable. He believes it is the justice that he is due for all the blood, sweat, and tears that he has gladly given for his country. b. During the course of his service to his country, he suffered from alcoholism. He also had a commander who tried to destroy his military career by lying about him suffering from depression with suicidal ideation, just because he did not like him for whatever reasons. He was given five unexcused absences that he did not have before he left his unit by his commander who wanted to hurt him, because he had the power to do so. He is in financial ruin, he has been in and out of homelessness and he has no transportation. He had to walk seven to ten miles several times just to get to his unit for drills. His unit offered help, but people get tired of a 39 year-old man needing help. The majority of the unit members did not really want to help him and he was not by any means anyone's welfare case. c. But he persevered. He must admit he missed some drills because he was drunk and was not as dedicated as he should have been because of his chemical dependency. He did not pass his Army Physical Fitness Test (APFT) when he should have and he did not show up when he said he would. He is not in any way permitting this behavior because as a Soldier, they are required to set a standard. It is his sincere belief that he did not go over nine unexcused absences, which is the cut-off point to begin the separation process from a Reserve unit. At all times he submitted the proper documentation for the drills he missed. He has no proof of this because his unit destroyed all of his evidence once he was separated from the unit and he foolishly did not keep records because he did not miss many days of drill and he trusted his unit. He trusted them with his life and they failed him. He understands that he has up to three years to appeal the decision by the board but he will not because he will have no new evidence to submit, so this will be his only and final appeal to clear his good name and to die with dignity, and above all, honor. His life and his legacy will be firmly in the board's hands to do what is just and fair regarding this matter. He has since sought help for his alcohol addiction and he has been rehabilitated and restored back to sanity by the grace and mercy of God. d. His discharge has made it difficult for him to find work because potential employers immediately think he was a bad Soldier and a disgrace to society and the military community. He remembers fondly his chain of command telling him that he was a good Soldier, but he did not pass his APFT and he needed to start showing up for drills or they would be forced to submit separation papers for him. Those cautionary words gave him hope. He got his life together. He passed the APFT and started showing up for drills. The last drill he missed was in December 2011, because he was hospitalized. His chain of command told him to submit a doctor's note to cover for the missed drill, which he did but they said it was not sufficient. He was not aware that they had already submitted the paperwork for his separation. He continued to show up for drill faithfully and worked extremely hard. Everyone told him he was doing fine. He was even chosen to be on the color guard team for one of their retiring colonels in January of 2012, for which he was extremely honored. Then, he was blind-sided and without warning, given the decision of the board; his unit told him nothing. This should not have surprised him because this is the same unit he pleaded and begged to get him on a deployment several times because he was unemployed, but each time they failed him. He put paperwork in to serve in an active duty status with his unit for two years straight, but he was met with nothing but frustration and disappointment. Unfortunately, this unit has failed to live up to the Army Creed which says "I will leave no Soldier behind." This unit left a good Soldier behind. e. He humbly asks the Board to change his character of service to "honorable" because he was not a bad Soldier. He begs to be allowed to serve his country once again and finish what he started. He can deal with being demoted from the rank of specialist (SPC)/E-4 to private (PVT)/E-1, because he deserved that for being absent from drills. But what he cannot deal with is not having the privilege and honor to serve his country, a country that he would gladly die for because he loves his country dearly. f. He would also like the following: * DD Form 214 with an enlistment code that allows him to reenter the Army * an explanation as to why he was discharged from the USAR with service characterized as "under other than honorable conditions" * if the characterization of his service is not changed he desires an explanation so that he can explain it to potential employers * honorable discharge so he can apply for Federal and State jobs * to know why his retirement points were voided * to know why his 12 October 2007 DD Form 214 list his service as “uncharacterized” instead of "honorable" 3. The applicant provides: * DD Form 214 for the period 24 May to 12 October 2007 * USAR reduction in rank and discharge orders * memoranda pertaining to his Physical Evaluation Board (PEB) Proceedings * DA Form 199 (PEB Proceedings) * seven character reference letters * seven Army training certificates * Certificate of Appreciation * U.S. Army Quartermaster Corps Certificate of Affiliation * DA Form 1059 (Service School Academic Evaluation Report) * World Changers Ministries certificate of membership * back page of his ARPC Form 249-E * his employment resume * Bachelor of Science Degree 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 is requesting correction of his ARPC Form 249-E; however, corrections to the ARPC Form 249-E must be submitted to the U.S. Army Human Resource Command (HRC), ATTN: AHRC-PDR-RCR, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5402. Applicants must also submit documentary evidence in support of their request. Specifically, copies of all DD Forms 214, DA Form 1380 (Record of Individual Performance or Reserve Duty Training), and/or any other documents that may substantiate entitlement to additional retirement points credit. 3. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. There is no evidence indicating the applicant has previously submitted a request to HRC for correction of his ARPC Form 249-E. It should also be noted that he only provided the back page of the form. Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings. 4. The applicant enlisted in the USAR on 9 May 2007 and entered active duty for training (ADT) on 24 May 2007. 5. The applicant was released from ADT and returned to his USAR unit on 12 October 2007. He was issued a DD Form 214 that shows he was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist), with "uncharacterized" service, and the narrative reason for separation as "completion of required active service." This DD Form 214 also shows the entry "N/A" in block 27 (Reentry Code). 6. The applicant's records contains no evidence of misconduct during his period of active service from 24 May to 12 October 2007. 7. A DA Form 1059 shows he completed the Civil Affairs Course (MOS 38B) on 2 April 2009. His records include orders that awarded him MOS 38B effective 22 October 2009. 8. A DA Form 199 shows he underwent a PEB on 20 October 2010, which found him fit for duty. 9. His military record is void of the specific facts and circumstances concerning the events that led to his discharge from the USAR. However, his military record includes Orders Number 12-030-00020, issued by Headquarters, 81st Regional Support Command on 30 January 2012, which show he was reduced from the rank/grade of SPC/E-4 to private/E-1, effective 30 January 2012, under the autority of Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 10-15 (Approved for discharge from the service under other than honorable conditions). These orders also directed the applicant's discharge from the USAR with an under other than honorable conditions discharge, effective 4 February 2012. These orders do not specify the reason for discharge. 10. On 31 July 2013, the Army Discharge Review Board denied his request for an upgrade of his under other than honorable conditions discharge. 11. The applicant provides: * seven character reference letters * seven Army training certificates * Certificate of Appreciation * U.S. Army Quartermaster Corps Certificate of Affiliation * World Changers Ministries certificate of membership * his employment resume * Bachelor of Science degree 12. A review of the documents provided by the applicant failed to reveal the specific reasons for his discharge or that his discharge process. REFERENCES: 1. Army Regulation 15-185 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. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-9 (Uncharacterized Separations) provides that 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: a. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. Headquarters, Department of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial Plenary Authority. c. 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. Army Regulation 635-5 (Separation Documents), in effect during the applicant's period of service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for Reserve component (RC) Soldiers, a DD Form 214 would be prepared for: * RC Soldiers completing 90 days or more of continuous ADT * RC Soldiers separated for cause or physical disability * RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days 4. Army Regulation 600-8-19, paragraph 10-15 states that when the separation authority determines that a Soldier is to be discharged from the service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade. Further board action is not required for this reduction. 5. Army Regulation 135-178 (Army National Guard and USAR Enlisted Administrative Separations) states in: a. Paragraph 2-9a, an 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. b. Paragraph 2-9b, if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. When authorized, a characterization of under honorable conditions is awarded to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 13, a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because of unsatisfactory participation. Characterization of service normally will be under other than honorable conditions. DISCUSSION: 1. The available evidence confirms the applicant completed ADT and was awarded an MOS and there is no evidence of any type of misconduct that would have precluded the issuance of an honorable characterization of service upon completion of ADT. However, his DD Form 214 for this period of service shows his service as "uncharacterized." 2. His records are void of the specific facts and circumstances surrounding his discharge from the USAR; however, his records include orders that show he was discharged from the USAR on 4 February 2012 with his service characterized as under other than honorable conditions. 3. Based on the unavailability of his complete discharge proceedings, government regularity must be presumed in this case. It is also presumed that all requirements of law and regulation were met, and his rights were fully protected throughout the separation process. Furthermore, in the absence of evidence showing otherwise, it must be presumed his USAR discharge accurately reflects his overall record of service. 4. The applicant did not provide sufficient evidence that establishes clearly and convincingly that the presumption of regularity should not be applied to his USAR separation process and/or the character of service he received. 5. The applicant's is also requesting a final DD Form 214 with an enlistment code that allows him to reenlist in the Army; however, there is no evidence indicating he was serving on active duty at the time of discharge. Therefore, he is not authorized the issuance of a DD Form 214 for a period of active service other than the period from 24 May to 12 October 2007. 6. As a matter of equity, and since his DD Form 214 for the period ending 12 October 2007 should show his service was characterized as honorable, it would be appropriate to further correct his DD Form 214 to show his reentry code as "1." 7. With respect to his request for restoration of his VA benefits, this issue is not within the purview of this Board. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. The applicant is advised to contact his local or Regional VA Office regarding entitlement to benefits or VA related issues. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019050 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019050 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2