ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20170012221 APPLICANT REQUESTS: change Item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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) * diploma for course completion of the U.S. Army Reserve (USAR) Unit Administration Basic Course, 12 May to 23 May 1997 * Orders 342-188, dated 8 December 1998 * Orders D-07-226520, dated 2 July 2002 * Honorable Discharge Certificate, dated 2 July 2002 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, in effect, he was honorably discharged and would like his DD Form 214 to reflect the same as his Honorable Discharge Certificate. 3 A review of the applicant’s service record shows: a. He enlisted in the USAR on 28 June 1994. b. He entered active duty for training (ADT) on 15 June 1995. He completed required training and he was awarded military occupational specialty 71L (Administrative Specialist). c. Upon completion of training, he was released from ADT on 30 September 1995 and transferred back to his USAR unit. He was assigned an uncharacterized character of service. His DD Form 214 shows he completed 3 months and 16 days of active service. It also shows in: * item 24 (Character of Service), Uncharacterized * item 25 (Separation Authority) Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), Chapter 4 * item 28 (Narrative Reason for Separation) “Completion of Required Active Service” d. He has a diploma that shows he completed the USAR Unit Administration Basic Course, 12 May to 23 May 1997. e. Orders 342-1888, dated 8 December 1998, issued by Headquarters, U.S. Army Special Operations Command, Fort, Bragg, assigned the applicant from the 17th Psychological Operations Battalion to the USAR Control Group (Annual Training (AT)), effective 18 August 1998. f. Orders D-07-226520, dated 2 July 2002, issued by U.S. Army Reserve Personnel Command, St. Louis, MO, discharged the applicant from the USAR, with an honorable character of service on 2 July 2002. g. He was ultimately honorably discharged from the USAR on 2 July 2002, upon completion of his statutory service obligations. He was issued an Honorable Discharge Certificate. 5. By regulation (AR 635-200), in effect at the time states, in part, a. Army National Guard (ARNG) and the U.S. Army Reserve (USAR) Soldiers who successfully complete a period of IADT will out-process. The service of Soldiers who are in an entry level status will be uncharacterized, even though they have completed their ADT successfully. b. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when 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. A general discharge is not authorized. 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 that relief was warranted. Based upon the applicant being a USAR Soldier who completed all active duty training and the new DoD guidance, the Board concluded that upgrading the characterization of service to Honorable was appropriate. 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 the applicant a DD Form 214 showing his characterization 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. Army Regulation AR 635-200 provides, a. Paragraph 3-7a provides that an honorable discharge is given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance. b. paragraph 4-2h, in effect at the time provides, in part, Army National Guard of the U.S. (ARNGUS) and the U.S. Army Reserve (USAR) Soldiers who successfully complete a period of IADT will out-process. The service of Soldiers who are in an entry level status will be uncharacterized, even though they have completed their IADT successfully. An uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when 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. A general discharge is not authorized. 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. ABCMR Record of Proceedings (cont) AR20170012221 4 1