ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20170007389 APPLICANT REQUESTS: an upgrade of her uncharacterized discharge to 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) * NGB Form 22 (Army National Guard Bureau Report of Separation and Record of Service) * Army Honorable Discharge Certificate * Army National Guard Honorable Discharge Certificate 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 she was characterized with an uncharacterized discharge instead of honorable. 3. The applicant provides: a. A DD Form 214 which shows she was released from active duty on 16 October 1986. b. The NGB Form 22 and two honorable discharge certificates which shows she was honorably discharged on 18 March 1992 and 22 March 1994. 4. The applicant’s service record shows: a. Having had prior service in the Army National Guard she was ordered to active duty for training (IADT) with a reporting date of 26 September 1986 for 16 weeks at Fort a. Dix, NJ for basic and advance individual training, as per orders 57-15, dated 19 March 1986. b. Order Number 116-18 dated, 9 June 1986 amended orders 57-15 dated, 19 March 1986 to read report date 30 June 1986 and AIT report date 29 August 1986. c. She was assigned to 5th battalion, 5th brigade, Fort Dix, NY from 30 June 1986 to 17 October 1986. She completed advanced individual training and she was assigned the military occupational specialty (MOS) of a Motor Transport Operator (88M) on 16 October 1986. She was released and returned to unit of assignment at 1484th Transportation Company, 2800 N. Wooster Dover, OH as per orders 248-505 dated 5 September 1986. d. Her DD Form 214 shows she was released from active duty on 16 October 1986. She held the MOS of Motor Transport Operator. She was released under the provisions of chapter 4, Army Regulation (AR) 635-200 Personnel Separation – Enlisted Personnel for completion of term or service, LBK. Her characterization is uncharacterized. She had 3 months and 17 days of active service this period and 6 months and 11 days prior inactive service. She had no lost time. e. Her NGB Form 22 shows she was honorably discharged from the Army National Guard. She served from 19 March 1986 to 18 March 1992. She had 6 years net service this period. In the remarks, item 18 it states active duty basic combat training (BCT) and IADT this period from 30 June 1986 to 16 October 1986. 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. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 1. BOARD DISCUSSION: After reviewing the application 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. The Board found insufficient evidence of an error or injustice. Since the applicant was a National Guard Soldier and her only active term of service was during basic training and AIT and the DD Form 214 only captures active duty service, the Board concluded that the data currently depicted on the applicant’s DD Form 214 is correct. The Board did want to let the applicant know that all other National Guard service performed would be captured on a NGB 22 Form. 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. 6/12/2019 CHAIRPERSON Signed by: 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. 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 1. 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.