ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 July 2019 

	DOCKET NUMBER:  AR20160018860


APPLICANT REQUESTS: 

* an upgrade to his general discharge to an honorable discharge
* personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for The Review of Discharge From The Armed Forces of The United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/ Reenlistment Document)
* Discharge Order, dated 15 December 2005
* Discharge Order, dated 30 September 2010
* Letter of Recommendation

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 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 enlisted with a 6 by 2 contract, he served his 6 years with distinct honor and commitment to duty during his 6 years.  He deployed to Iraq for 12 months and served admirably during his 6 years and was promoted to sergeant as a direct reflection of his duty performance.  He attended the Basic Noncommissioned Officers Course phase 1 and 2.  After completing his 6 years, he requested to go into the Individual Ready Reserve so he went to school and moved on.  Due to administrative errors his packet was not processed and he received a discharge order. He believes the discharge is inequitable as it does not reflect an honorable term of service with no other adverse actions.  He states he is requesting an upgrade to honorable so he may pursue education and Veteran benefits.

3.  Review of the applicant’s service records shows:

	a.  He enlisted in the U.S. Army Reserve for 8 years on 5 November 2002.  He held military occupational specialty 91S (Laundry Textile Specialist).

	b.  He was ordered to active duty on 7 December 2003, in support of Operation Iraqi Freedom and reassigned on 3 February 2003, from 140th Quartermaster (QM) Company, Fort Totten, NY to 409th Quartermaster Detachment, Fort Totten, NY

	c.  He served in Kuwait/Iraq from 18 February 2004 to 11 February 2005 

	d.  He was released from active duty on 13 March 2005, under the provision of, Army Regulation 635-200 (Personnel Separations), chapter 4 (Completion of Required Active Service).  His service was characterized as honorable.  He completed 1 year, 3 months, and 7 days of active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized:

* Armed Forces Reserve Medal with M Device
* National Defense Service Medal
* Army Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal

	e.  He was assigned to 611th QM Company, Baltimore, MD and his terminal date of reserve obligation ending on 5 November 2010.

	f.  He was promoted to E-5 on 1 August 2008.

	g.  During July 2010, he received annual Noncommissioned Officer Evaluation Report, covering the rating period 30 July 2009 to 29 July 2010.  It shows:

		(1)  He received a “NO’ rating in all 7 Army values.  His rater rated him as “Needs Improvement” in 4 out of 5 NCO responsibilities with comments such as:

* has been a non-participant within the Army Reserves
* demonstrated lack of ability to execute his duties and depends on others for help
* performance is sometimes above average but erratic and undependable
* Soldier has not taken an APFT (Army Physical Fitness Test)
* Motivated Soldiers during PT
* Undependable as a Non Commissioned Officer, no core values
* Leadership and managerial skills need improvement to qualify for next rank
* Fails to understand the importance of his position, avoids responsibility when possible
* Needs to realize importance of performing daily tasks and the effects of ignoring them

		(2)  His rater rated his overall potential as “Marginal.

		(3)  His senior rater rated his overall performance as Fair/4 and his overall potential as Fair/4, with comments such as:

* do not promote
* Soldier has not been an active participant in the Army Reserves
* Soldier unavailable for signature

	h.  His service record is void of the complete facts and circumstances surrounding his discharge on 7 October 2010.  However, his record contains Order Number 10-273-00028, issued by Headquarters, 94th Regional Support Command, Fort Dix, NJ on 30 September 2010 ordering his discharge from the U.S. Army Reserve effective 7 October 2010, in accordance with Army Regulation 135-178 (Enlisted Administrative Separations) with an under honorable conditions (general) discharge. 

	i.  On 10 May 2019, the Case Management Division sent a response to the applicant in reference to the Army Discharge Review Board putting a hold on his case due to the missing separation files.

4.  AR 135-178 sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNG) and USAR enlisted Soldiers for a variety of reasons.  Readiness is promoted by maintaining high standards of conduct and performance.

BOARD DISCUSSION:

After reviewing the applicant and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board found evidence of non-participation in scheduled drills by the applicant.  Additionally, the Board found insufficient evidence to corroborate the statements of the applicant concerning the processing errors of his separation.  Thus, the Board concluded that the characterization of service received at the time of discharge was appropriate.
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:

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.
	 
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.



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 135-178 (Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance.

	a.  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.  An honorable characterization may only be awarded a Soldier upon completion of their service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted.

	b.  General (under honorable conditions). If a Soldier’s service has been honest and faithful, it is appropriate to characterize that service as general, 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.

3.  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.  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.  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 based on 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.


ABCMR Record of Proceedings (cont)	 AR20160018860


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