ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 20190 DOCKET NUMBER: AR20170009942 APPLICANT REQUESTS: an upgrade to her general, under honorable conditions, discharge and correction of her last name APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of Identification * Decree of Dissolution of Marriage * 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 she was told that after 6 months of discharge, she could request an upgrade. She would also like her last name to be changed back to X---X--- on her DD Form 214. 3. The applicant provides a copy of her military identification card with her current last name, along with her decree of dissolution of marriage, which restores her name to X---X---. 4. A review of the applicant’s service record shows: a. She enlisted in the Regular Army on 12 August 1997 under the last name X----. b. On 14 November 2001, she requested her name be changed from X--- to X----X-- due to marriage. c. The applicant’s record is void of the complete facts and circumstances that led to her separation. However, her service record contains a DD Form 214, which shows she a. was discharged under the provisions of Army Regulations 635-200 (Personnel Separations – Enlisted Personnel), Chapter 5-8, parenthood, and issued a general, under honorable conditions discharge. In item 1 (Name: Last, First, Middle) it states X-- --X---, X—X---. She completed 4 years, 8 months and 22 days of net active service with no lost time. d. She was awarded or authorized the: * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. 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. 6. By regulation soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. 7. 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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was not warranted. Although the applicant’s administrative separation documents were not available for review, the Board did find that the applicant was reduced from the rank of Specialist to Private E1; meaning some misconduct in the record. The Board concluded that because the board has no record of the misconduct, there is insufficient evidence to warrant a discharge upgrade without further information on the misconduct. The requested name change was due to marriage and the applicant did not change the name while on active duty. As a result, the Board concluded the name reflected on the DD Form 214 was correct as used by the applicant during her entire military service and warranted no change. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in his name recorded in his military record and the name currently being used by the applicant. 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. X 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. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable) provides that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier'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. a. b. Paragraph 3-7b (General) provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the soldier's separation specifically allows such characterization. It will not be issued to soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty. c. Chapter 5 (Separation for Convenience of the Government) provides, in pertinent part, unless the reason for separation requires a specific characterization, a soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an uncharacterized description of service if in entry level status. No soldier will be awarded a character of service of under honorable conditions under this chapter unless the soldier is notified of the specific factors in his or her service record that warrant such a characterization, using the notification procedure. Such characterization is normally inappropriate for soldiers separated under the provisions of paragraph 5-4, 5-11, 5-12, 5-15, 5-16, or paragraph 5-17. d. Paragraph 5-8 (Involuntary Separation due to Parenthood), says that soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army. See AR 600-20, Chapter 5, section V, concerning soldiers' responsibilities for care of family members as related to military responsibilities. 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 1. 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.