ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 July 2019 DOCKET NUMBER: AR20170011123 APPLICANT REQUESTS: character of service (item# 24) on DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized 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) * Army Reserve Personnel Command (APRC) Form 249-2-E (Chronological Statement of Retirement Points) * Army Reserve Personnel Command Form 606-E (Individual Retirement Points) * DD Form 256A (Honorable Discharge Certificate) 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 would like his characterization of service on his DD Form 214 to be corrected from uncharacterized to honorable. He states per Army Regulation (AR) 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), chapter 4-5 (Characterization of Service), currently in effect, 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. 3. The applicant provides: * ARPC Form 249-2-E and ARPC Form 606-E reflect his chronological statement of his earned retirement points beginning from when he entered service until the completion of his enlistment contract * DD Form 256A which reflects his honorable conditions discharge upon completion of his enlistment contract 4. The applicant’s service record shows: a. He enlisted in the United States. Army Reserve (USAR) on 17 September 1990. b. He entered initial active duty for training (IADT) on 17 September 1990. He completed required training for award of military occupational specialty 51B (Carpentry and Masonry Specialist Course). c. He was released from IADT to the control of his USAR unit on 11 January 1991. His DD Form 214 shows he was released from active duty in accordance with chapter 4 of AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of separation, due to completion of required active service. He was assigned an uncharacterized discharge. d. He was honorably discharged from the USAR on 8 July 1998. 4. By regulation (AR 635-200), in effect at the time of initial separation, A separation will be described as an entry level separation if processing is initiated while a member is in entry level status. Entry level status is the first 180 days of continuous active military service. a. When separated within the first 180 days of continuous active military service, the separation will be described as an entry level separation if processing is initiated while t a member is in entry level status unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. An honorable conditions discharge is not authorized. b. The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. He completed a period of active duty while conducting initial entry training (IET). He was awarded a MOS at the completion of IET and was transferred back to the USAR. Army Regulation 635-8 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 his 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 11 January 1991 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. (Optional as applicable.) 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. A separation will be described as an entry level separation if processing is initiated while a member is in entry level status, except in the following circumstances: (1) When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (2) 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. b. Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor. 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. 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 the 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, 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 upgrade service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011123 4 1