ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20170004973 APPLICANT REQUESTS: an upgrade to her uncharacterized discharge to an honorable APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * USAR Discharge Orders D-06-932365 * DD Form 214 (Certificate of Release or Discharge From Active Duty) * United States Army Reserve (USAR) (Chronological Statement of Retirement Points) 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 it makes it difficult to get certification on any other licenses. If civilians are not familiar with the military lingo, it makes the process difficult to achieve, even with supporting documentation. An uncharacterized discharge leaves a question for employers. 3. The applicant provides: a. The USAR discharge Orders D-06-932365, dated 1 June 1999, which honorably discharged her from the USAR effective 1 June 1999. b. Her DD Form 214, which shows her service from 25 October 1991 to 21 May 1991. c. Her USAR Chronological Statement of Retirement Points from 9 May 1991 to 25 September 2000, dated 8 June 2001. 4. A review of the applicant’s service record shows: a. Having had prior service in the Army Reserves, she was ordered to active duty to undergo 12 weeks of basic combat training and advanced individual training (AIT) on 22 May 1991 at 42nd Army Adjutant General Battalion (Reception), Fort Dix, NJ as per orders 91-13, dated 13 May 1991. b. She completed AIT at Fort Dix, NJ and returned to unit of assignment 384th Medical Detachment (Dental), San Antonio, TX as per Orders 261-502, dated 18 September 1991. c. She was released from active duty for training on 25 October 1991, under the provisions of Army Regulation (AR) 635-200 Personnel Separation – Enlisted Personnel, Chapter 4, for completion of term or service, SPD - LBK – expiration of term of Service. Her DD Form 214 shows her character of service as uncharacterized. She held the Military Occupational Specialty of Food Service Specialist (94B10). She completed 5 months and 5 days of active service this period. It also shows she was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * Marksman Marksmanship Badge Rifle (M-16) * Expert Marksmanship Badge Grenade d. Her DD Form 4 (Enlistment/Reenlistment Document) shows she reenlisted in the USAR for one year on 25 September 2000. e. The USAR Chronological Statement of Retirement Points shows her service from 9 May 1991 to 25 September 2000, dated 8 June 2001 for retirement credits. f. The USAR, 90th Reserve Support Command, North Little Rock, AK Orders 01- 212-045, dated 31 July 2001 reassigned her in the USAR Control Group (Reinforcement), St. Louis, MO effective 31 July 2001. g. The USAR Command, St. Louis, MO, honorably discharged her from the USAR on 25 September 2001 as per Orders D-09-145282, dated 25 September 2001. 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, AR 635-200 paragraph 4-2h, states that for Army NG and USAR 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. There is no evidence the applicant has applied to the Army Discharge Review Board (ADRB) for review of her discharge within that board's 15-year statute of limitations. 8. The Board should 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 the 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 USAR. 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 25 October 1991 showing her 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 * 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. c. Paragraph 4-2h. states that for Army NG and USAR 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) AR20170004973 4 1