19ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170003737


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge to an 
honorable

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 is a federal law enforcement agent with the Department of 
Justice and was offered to buy back his Title 10 active duty time with the Army.  After a 
review of his three DD Form 214’s done by Human Resources personnel, they found a 
discrepancy on his DD Form 214 for the period covered from 19 March 1999 to 29 July 
1999 which reflects an uncharacterized discharge.  He was directed to fill out this form 
to request the correction of his record.
3.  A review of the applicant’s records show:

	a.  He enlisted in the Army National Guard on 24 July 1998.

	b.  His DD Form 214 shows he was on active duty from 19 March 1999 to 
29 July 1999 for active duty training.  He completed 4 months and 11 days of active 
service during this period.  He was released under the provisions of chapter 4, Army 
Regulation (AR) 635-200 Personnel Separation – Enlisted Personnel for completion of 
term or service, MBK.  His characterization is uncharacterized.  He was awarded or 
authorized the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge 
Grenade, Marksman Marksmanship Qualification Bade with Rifle Bar (M-16).

4.  There is no evidence the applicant has applied to the Army Discharge Review Board 
for review of his discharge within that board's 15-year statute of limitations.

5.  By regulation, a Soldier will be separated upon expiration of enlistment or fulfillment 
of service obligation.  Paragraph 3-9 states the Secretary 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.  Paragraph 4-4, characterization of service states that 
a Soldier being separated upon expiration of enlistment or fulfillment of service 
obligation will be awarded a character of service of honorable, unless the Soldier is in 
entry level status and service is uncharacterized.

6.  By regulation, paragraph 4-2h. states for Army National Guard and Army Reserves 
Soldiers who successfully complete a period of IADT to which ordered, the service of 
Soldiers specified in this paragraph who are in entry level status will be uncharacterized, 
even though they have completed their IADT successfully.

7.  The Board should consider the applicant's petition and his service record in 
accordance with the published equity, injustice, or clemency determination guidance.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  The applicant’s contentions were carefully considered.  He completed a 
period of active duty while conducting initial entry training (IET).  He was awarded a 
MOS at the completion of IET and was transferred back to the ARNG.  Army Regulation 
635-200 provides that when a RC Soldier successfully completes IADT, the character of 
service is Honorable unless directed otherwise by the separation authority.  Based upon 
regulatory guidance, the Board agreed the DD Form 214 should show his character of 
service as Honorable.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing him a DD Form 
214 for the period ending 29 July 1999 showing his character of service as Honorable.

	  
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.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel. 

	a.  Paragraph 3-7a states 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.  

	b.  Paragraph 3-9, states for entry level status separation.  A separation will be 
described as an entry level separation with service uncharacterized if processing is 
initiated while a Soldier is in entry level status, except in the following circumstances:

*	when characterization Under Other Than Honorable Conditions is authorized 
under the reason for separation and is warranted by the circumstances of the 
Case
*	the Secretary 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.  Paragraph 4-2h. states that for Army National Guard and Army Reserves Soldiers 
who successfully complete a period of IADT to which ordered, the service of Soldiers 
specified in this paragraph who are in entry level status will be uncharacterized, even 
though they have completed their IADT successfully (see para 3-9).  When the Soldier 
is eligible for leave, early release may be authorized in lieu of leave for cogent reasons 
such as death or serious illness of a member of the trainee's immediate family.  To 
warrant early release the reservist must have completed at least 12 weeks IADT, and 
the training benefits that would result from return to the training center upon completion 
of leave are not substantial enough to justify return to duty in lieu of early discharge 
from IADT.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003737

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