ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2019 DOCKET NUMBER: AR20170008770 APPLICANT REQUESTS: to be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable discharge from active duty APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Military Personnel File 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 was never discharged from active duty for family hardship nor was he issued a DD Form 214. 3. The applicant provides his military personnel file, which includes his DD Form 4 (Enlistment/Reenlistment Document), DA Form 2-1 (Personnel Qualification Record), assignment order, award order for the Expert Infantryman Badge, Service’s Group Life Insurance Election, Montgomery GI Bill election, and discharge orders from his Army Reserves (USAR) obligation ending 1 August 2006. 4. A review of the applicant’s service record shows: a. Having had prior service in the USAR Delayed Entry Enlistment Program from 13 April 1998 to 20 July 1998, he enlisted in the Regular Army on 21 July 1998. b. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the 30th Adjutant General Battalion, Fort Benning, GA for advance individual training (AIT). It also shows in Section II, item 17, Civilian Education and Military Schools, he completed 8 weeks of training and was awarded the Military Occupational Specialty (MOS) of 11M Mechanized Infantryman, Section I, item 5, Overseas Service, he was assigned in Korea from 5 December 1998 to 4 December 1999. c. The Headquarters, 2nd Infantry Division, Korea, Orders 342-37, dated 8 December 1998, shows he was released from the 2nd Infantry Warrior Replacement (Detachment) Korea and reassigned to Company A, 1st Battalion, 9th Infantry Regiment, Korea with a reporting date of 11 December 1998. d. He was awarded the Expert Infantryman Badge, during his period of service 28 June 1999 to 2 July 1999, as per Headquarters, 2nd Infantry Division, Korea, Permanent Orders 188-004, dated 7 July 1999. However, the orders show his name last spelled differently. e. The applicant’s service record is void of a separation packet for family hardship, DD Form 214 or any documentation which released or discharged him from active duty. f. The Human Resources Command, St. Louis, MO Orders D-08-616866, dated 1 August 2006 honorably discharged the applicant from the USAR on 1 August 2006 in accordance with AR 135-178 (Army National Guard and USAR - Enlisted Administrative Separations). g. The DA Form 5016 (Chronological Statement of Retirement Points) shows detail listing of retirement points earned with a beginning date of 13 April 2004, 13 April 2005 and 13 April 2006 for the USAR. His initial entry dates are not listed. h. 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. i. By regulation, Army Regulation (AR) 635-5 (Personnel Separations Separation Documents), paragraph 2-7, at the time, do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 5. 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 not warranted. The applicant’s contentions were carefully considered. His record is absent a DD Form 214 to show he was released or discharged from active duty. Based upon the limited documentary evidence available, the Board concluded there was insufficient evidence to grant relief; however, the Board agreed he should contact U.S. Army Human Resources Command to obtain a statement of service. 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. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. 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. 3. AR 635-5 (Personnel Separations Separation Documents), in effect at the time, at the time established the standardized policy for preparing and distributing the DD Form 214. a. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the DD Form 214 be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service to include attendance at basic and advanced training. The DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. b. Paragraph 2-7a states, once a DD Form 214 has been issued, do not reissue except for the following reasons: (1) When directed by proper appellate authority, Executive Order, or by the Secretary of the Army, (2) When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form, 215 or if the correction would require issuance of more than two DD Forms 215 or (3) When two DD Forms 215 have been issued and an additional correction is required. c. Paragraph 2-7b states, when a DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214, item 18 – Remarks; unless the appellate authority, executive order, or Secretarial directive specifies otherwise. d. Paragraph 2-7c states, do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. 4. 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) AR20170008770 3 1