ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 June 2019

	DOCKET NUMBER:  AR20170011591


APPLICANT REQUESTS: her character of service in the U.S. Army Reserve changed from uncharacterized to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of completion, dated 17 June 1997, from Basic Combat Training, 
Fort Jackson, SC
* Discharge Orders 279-6, dated 6 October 1998
* Department of Veterans Affairs (DVA) decision letter plus rating decision, dated 
6 March 2013
* Printout from Veterans Affairs Office, Houston, TX, dated 13 March 2103
* DA Form 5016 (Chronological Statement of Retirement Points), dated 
23 September 2016

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:

a. She would like her discharge to be characterized as honorable and would like all 
of her military records to be consistent, in the event she has to prove why she was discharged.  She states she was medically discharged due to an injury to her left hip during basic combat training.  She was never issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), but thinks the requirements to be issued a DD Form 214 is to have at least 90 active duty points.

   b.  Her DA Form 5016 reflects 82 active duty points, which is associated with the period of time she attended basic combat training.  She states she also completed at least 3 to 4 annual trainings at her Reserve unit during 1997 and 1998, which should count towards active duty points. She worked at her unit during the summer months when she was not in school.  She states those days should count towards her active duty points, because the work did not occur during her regularly scheduled drill weekends.

   c.  Her discharge was because of her injury.  Her behavior and demeanor as a Soldier was exemplary and she has continued to serve her country by working at the DVA where she is recognized by them as a disabled Veteran.

3.  The applicant provides:

   a.  Certificate of completion from basic combat training at Fort Jackson, SC to verify her completion on 17 July 1997.

   b.  Discharge Orders 279-6, dated 6 October 1998, issued by Headquarters, 
81st Regional Support Command, Birmingham, AL.  The separation authority shown is Army Regulation (AR) 135-178 (Army National Guard (ARNG) and Army Reserve (USAR) - Separation of Enlisted Personnel) and the type of discharge shown is “Uncharacterized”.

	c.  Department of Veterans Affairs decision letter and rating decision, dated 6 March 2013, determined the applicant’s health conditions related to osteoarthritis in her left hip and the stress fracture on her right femur were related to her military service and granted her a disability rating.

	d.  A printout from a Veterans Affairs office in Houston, TX, dated 13 March 2013, shows a character of service as “honorable” (highlighted by the applicant) for service in the service branch Army from 16 May 1997 to 5 August 1997.

	e.  DA Form 5016 shows the applicant accumulated 1 year, 7 months, and 25 days (which equals 177 total creditable points) of military service in the USAR.  The document shows she accumulated 82 days of total active duty points.

4.  A review of the applicant’s service record shows:

	a.  She enlisted in the USAR for 8 years on 12 February 1997.   

	b.  She entered active duty for training at Fort Jackson, SC, on 16 May 1997.

	c.  Her DD Form 220 (Active Duty Report), with active duty ending 5 August 1997, shows the applicant completed a total of 82 days of active duty for training.  Item 21 (Remarks) on the back page, states “the Soldier has not completed Basic Combat Training.”

	d.  Personnel Qualification Record (DA Form 2-1) Item 35 (Section VII-Current and Previous Assignments) shows the applicant was released from active duty on 5 August 1997.

	e.  DA Form 2173 (Statement of Medical Examination and Duty Status), shows the applicant received medical care on 15 July 1997 due to pain in her legs, determined to be stress fractures in her left leg and right foot.  Her injuries were determined to be within the line of duty resulting from physical stress caused by physical fitness and foot marches while attending basic combat training.

	f.  A memo from the Training and Doctrine Command USAR/ARNG Liaison non-commissioned officer recommended the applicant undergo at least 6 months of physical therapy within the location of her home unit for recovery (based on the results of medical evaluations and procedures performed on the applicant prior to completing basic combat training).  The memo indicates the applicant did complete the academic requirements for basic combat training, but did not meet the physical fitness requirements.  The memo also verified the applicant had a medical profile at that time. The applicant was recommended to return the Spring of 1998 to attend her advanced individual training (AIT) also at Fort Jackson, SC.  

	g.  On 25 June 1998, the applicant submitted a memorandum to her immediate commander, requesting to renegotiate her contract because of the available dates for her to attend AIT at Fort Jackson.  She states in her letter, she was not able to return to an active duty for training status for AIT in the Spring of 1998 as planned due to additional medical evaluation requirements by the Military Entrance Processing Station (MEPS).  The MEPS Station Army liaison informed the applicant that her military physical was out of date and she would have to be cleared for her back and hip before he could schedule her for school.  The applicant was cleared to return to training starting on 18 August 1998.  The applicant informed her commander, the new start date for her to attend AIT would cause her to start back to college in another state at least 5 weeks later than scheduled.  The applicant stated she would’ve liked to stay in the USAR, but couldn’t afford to miss a full semester of schooling.

	h.  On 11 August 1988, the immediate commander notified the applicant that he initiated discharge procedures against her under the provisions of AR 135-178, paragraph 5-3 (entry level performance discharge). The reason indicated for the proposed action was for educational reasons and apathy.  The applicant acknowledged receipt of the notification on 13 September 1998 and did not desire to provide a statement or rebuttal.

	i.  DA Form 4651 (Request for Reserve Component Assignment or Attachment), dated 13 September 1998 was routed through the applicant’s chain of command to the separation authority recommending the applicant for separation in accordance with AR 135-178, paragraph 5-3, for entry level performance discharge.

	j.  Orders 279-6, dated 6 October 1998, issued by Headquarters, 81st Regional Support Command, Birmingham, AL, discharged the applicant from the USAR on 6 October 1998.  She received an uncharacterized discharge.

	k.  The applicant’s record is void of documentation to support she was discharged due to a medical reason.

7.  By regulation, Soldiers in an entry level status and all applicants for enlistment will be counseled that they may be separated should it be determined that they are unqualified for further military service by reason of unsatisfactory performance or conduct.  When it is determined that an ARNGUS or USAR Soldier is unqualified for further military service, the immediate commander will advise the Soldier in writing of the proposed separation and reason.  The service of Soldiers separated under this status will be described as uncharacterized.

8.  By regulation, a DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active Army service at the time of release from active duty, retirement, or discharge.  

a. A DD Form 214 will be prepared for Soldiers completing 90 days or more of 
continuous active duty for training, full-time National Guard duty, or active duty support.  The applicant served 82 days of initial active duty for basic combat training, therefore, was not eligible to receive a DD Form 214.

b. A DD Form 220 will be prepared for Soldiers enlisted under the US Army 
Reserve Split Training Program and the Army National Guard US Alternate Training Program.  This form is completed when Soldiers complete the basic combat training portion.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Denied because she did not complete initial entry training and was still entry level status.   Based upon the totality of the record, the Board found insufficient evidence of an error or injustice which would warrant making a change to the characterization of service.

An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  As a result, there is no basis for granting the applicant's request.  


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.
	 
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 (AR) 135-178 (Army National Guard and Army Reserve - Separation of Enlisted Personnel) sets forth the basic authority for the separation of enlisted Soldiers from the Army National Guard of the United States and the United States Army Reserve.

a. Paragraph 5-3a provides, Soldiers in an entry level status and all applicants for 
enlistment will be counseled that they may be separated should it be determined that they are unqualified for further military service by reason of unsatisfactory performance or conduct.  

b. Paragraph 5-3b provides, when it is determined that an ARNGUS or USAR 
Soldier is unqualified for further military service, the immediate commander will advise the Soldier in writing of the proposed separation and reason.  

c. Paragraph 5-5 provides, The service of Soldiers separated under this status will 
be described as uncharacterized.

3.  AR 635-5 (Personnel Separation Documents),

a. Paragraph 1-3a(1) provides, a DD Form 214 will be prepared for Soldiers 
completing 90 days or more of continuous active duty for training, full-time National Guard duty, or active duty support.  

b. Paragraph 2-12 provides, a DD Form 220 will be prepared for Soldiers enlisted 
under the US Army Reserve Split Training Program and the Army National Guard US Alternate Training Program.  This form is completed when Soldiers complete the basic combat training portion.

4.  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)	 AR20170011591


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