19ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 September 2019

	DOCKET NUMBER:  AR20170007520


APPLICANT REQUESTS:  an upgrade of her 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)
*	NGB Form 22 (Army National Guard Bureau Report of Separation and Record of 
Service)

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 his period of service from 3 September to 4 December 1986 is 
characterized as uncharacterized, but it should be re-characterized as honorable.

3.  The applicant provides:

	a.  A copy of his DD Form 214 which shows captures his active duty training time 
from 3 September 1986 to 4 December 1986.

b.  A copy of his NGB 22 which captures his service time from 18 April 1986 to      
13 April 1994, and honorably discharged.

4.  The applicant’s service record shows:

	a.  He enlisted in the Army National Guard on 14 April 1986.

	b.  His DD Form 214 shows he was on active duty from 3 September 1986 to 
4 December 1986 for active duty training.  He completed 3 months and 2 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, LBK.  His characterization is uncharacterized.  He was awarded or 
authorized the Expert Marksmanship Qualification Bade with Rifle Bar (M-16) and the 
Expert Marksmanship Qualification Badge Grenade.  

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 can 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 determined 
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 4 December 1986 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.  

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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007520

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