ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20170012214 APPLICANT REQUESTS: an upgrade of her uncharacterized discharge to an honorable APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), and 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 the reason for her departure from the 2290th was due to the unit’s budget constraints. She was asked to leave because her unit was over budget and could not keep everyone that was newly assigned. She was attending Drill as required until she was let go. In light of the budget constraints, which was not of her doing. She asks the Board to please consider updating her discharge to an honorable. 3. The applicant’s complete military service record is not available for the Board to review. A thorough review of the integrated Personnel Electronic Records Management System (iPERMS) and the Integrated Web Services (IWS) system also failed to reveal any records. However, there was an enlistment contract and separation order in her file. 4. A review of the applicant’s service record shows: a. She enlisted in the United States Army Reserve (USAR) on 25 March 2000. b. On 22 June 2002, Department of the Army, Headquarters, 99th Regional Support Command, Coraopolis, Pennsylvania published Orders discharging her from the USAR. c. Her record is void of relevant documents such as DD-214 (Certificate of Release or Discharge From Active Duty) and documents pertaining to her uncharacterized discharge. 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 (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Reserve service is not active duty. 7. By regulation (AR 635-200), a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. The service of Soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their initial active duty training (IADT). 8. 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, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows she enlisted in the USAR and did not serve a period of active duty or complete MOS training while on active duty within four years of her enlistment. The Board considered the governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. Based on a preponderance of evidence, the Board determined the the character of service she received upon discharge was not in error or unjust. 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. 12/4/2019 X CHAIRPERSON 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) describes the different types of characterization of service. Chapter 3 of the version in effect at the time stated 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: a. When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. 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. c. For ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR. It terminates for: • Soldiers ordered to ADT for a continuous period - 180 days after beginning training. • Soldiers ordered to ADT for the split or alternate training option - 90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II Soldiers ordered to ADT for the split or alternate training option - 90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II d. Paragraph 3-7a, provides that 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. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for each Soldier including: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty. c. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of AIT under the ARNG of the United States Alternate Training Program or USAR Split Training Program. 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 courtmartial; 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) AR20170012214 ABCMR Record of Proceedings (cont) AR20170012214 2 3 1