ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20170008772


APPLICANT REQUESTS:  an upgrade of his 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)

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 active service Army and was in over the days to be considered a Veteran.  He also has an honorable discharge from the United States Army Reserves. 
3.  A review of the applicant’s service record shows:

	a.  He enlisted in the U.S. Army Reserves on 6 June 1997.

	b.  His DD Form 214 shows he entered active duty for training from 16 September 1997 to 10 February 2000.  He completed 2 years, 4 months and 25 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.  

     c.  He was awarded or authorized the Army Service Ribbon, Marksman Marksmanship Qualification Badge Grenade Bar, and Sharpshooter Marksmanship Qualification Badge 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, 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.

6.  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.  Board members noted that he completed training and was awarded an MOS, both 91B and 91C.  Based upon policy concerning RC Soldiers concerning completion of IET being awarded an Honorable discharge, if no other evidence of misconduct is present, the Board concluded that an upgrade to Honorable was warranted.  

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 amending his DD Form 214 for the period ending 10 February 2000 to show "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.

ABCMR Record of Proceedings (cont)	 AR20170008772


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