ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170008967 APPLICANT REQUESTS: box 24 (Character of service) be changed from Uncharacterized to Honorable on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 2000. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Standard Form 50-B (Notification of Personnel Action) * DD Form 214 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 (ABCMR) 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 cannot receive credit towards her federal civilian retirement without changing the characterization from Uncharacterized to Honorable. She has already paid a deposit for her estimate earnings for the period, but during counseling for her federal civilian retirement on 9 March 2017, she was told she cannot get the credit for the period of service if the characterization is not changed. 3. The applicant provides: a. Standard Form (SF) 50-B (Notification of Personnel Action), dated 10 June 2007 that shows she accepted a military pay technician position at the U.S. Property and Fiscal Office (USPFO), Camp Robins, AR. b. DD Form 214 for the period ending 19 August 2000, that shows she received an Uncharacterized character of service when she was released from Active duty for training (REFRADT). 4. A review of the applicant’s service record shows: a. She enlisted in the Arkansas Army National Guard (ARARNG) for 8 years on 4 December 1998. b. DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows in blocks 55 – 59 of item 19 (Service required codes) that she enlisted for the military occupational specialty (MOS) 71L10 (Administrative Specialist). Section VI (Remarks) shows her basic training (BT) station was Fort Leonard Wood, and her report date was 7 June 1999. c. Orders 090-012, dated 12 May 1999, published by the Military Entrance Processing Station, Little Rock, AR, shows she was ordered to initial active duty for training (IADT) on 2 June 1999 for her basic training under the split training program. d. DD Form 220 (Active Duty Report), dated 11 August 1999, shows she was on active duty under the authority of Orders 090-012 during the period from 1 June 1999 to 12 August 1999. e. Orders 208-232, dated 26 July 2000, published by Headquarters, U.S. Army Training Center and Fort Jackson, SC, shows she was awarded the 71L MOS upon successful completion of the course. f. The applicant’s Interactive Personnel Electronics Records Management System (iPERMS) DD Form 214 shows in: * Item 11 (Primary specialty) 71L10 Administrative Specialist 0 years, 0 months * Item 12a (Date entered AD this period) 2 May 2000 * Item 12b (Separation date this period) 19 August 2000 * Item 12c (Net active service this period) 3 months, and 8 days * Item 14 (Military education) Administrative Specialist, 08 weeks, August 2000 * Item 23 (Type of separation) Release from active duty training (REFRADT) * Item 24 (Character of service) Uncharacterized * Item 25 (Separation authority) Army Regulation (AR) 635-200, Chapter 4 * Item 28 (Narrative reason for separation) Completion of required active service 5. By regulation, AR 635-200, chapter 3 provides that individuals who are discharged or released from AD or ADT will be furnished a factual record of their military service on DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 4-4 (Characterization of service) provides a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded an honorable character of service, unless the Soldier is in an entry level status and service is uncharacterized. 6. In reaching its determination, the Board can consider the applicant’s petition and her 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. She completed a period of active duty while conducting initial entry training (IET). She 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 her 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 19 August 2000 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 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, chapter 3 provides that individuals who are discharged or released from AD or ADT will be furnished a factual record of their military service on DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 3–9 provides, a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when— a. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. HQDA (AHRC–EPR–F), 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. The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. d. Paragraph 4-4 (Characterization of service) provides a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded an honorable character of service, unless the Soldier is in an entry level status and service is uncharacterized. 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. a. 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. b. 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) AR20170008967 5 1