ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20170014614 APPLICANT REQUESTS: correction of his characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Memorandum, Subject: Debt of Serviceman’s Group Life Insurance for [Applicant] * DD Form 214 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 (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 that he needs his DD Form 214 to prove that he was discharged from the Army under honorable conditions. When he left active duty, he was given an honorable discharge and was told to register at the courthouse. Because he had not fulfilled his military service obligation (MSO), he was assigned to Reserve unit in Texas. Subsequently, he completed his MSO, the unit moved and misplaced his paperwork. He believes he served his country and should have an honorable discharge. 3. The applicant provides the above referenced documents to include a Memorandum, Subject: Debt of Serviceman’s Group Life Insurance, dated 5 February 1999, from the unit administrator at 516th Quartermaster Detachment in Conroe, TX, which states the applicant requested transfer to the Individual Ready Reserve in October 1995, however, his paperwork was not completed and forwarded for separation orders to be cut. The effective date of discharge was 22 August 1997, under honorable conditions. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 28 September 1988. b. Orders Number 195-19, dated 3 October 1988, shows he was ordered to initial active duty for completion of Basic Training and military occupational specialty (MOS) training on15 November 1988. c. He graduated from Basic Training and completed Advanced Individual Training at Fort Jackson, SC and was relieved from active duty on 1 April 1989. Based on his DD Form 214 (Certificate of Release or Discharge from Active Duty), he completed 4 months and 17 days of active service. It also shows in: * Item 14 (Military Education): Administrative Specialist, 8 weeks, April 1989 * Item 23 (Type of Separation): Relief From Active Duty Training * Item 24 (Character of Service): Uncharacterized * Item 25 (Separation Authority): Army Regulation (AR) 635-200, Chap 4 * Item 28 (Narrative Reason for Separation): Expiration Term of Service d. According to the USAR Personnel Center, Chronological Statement of Retirement Points, dated 9 December 1994, the applicant accumulated retirement points in the USAR from 27 September 1994. His records are void of documents pertaining to his separation. 5. There is no evidence the applicant has applied to the Army Discharge Review Board for an upgrade of his discharge. 6. By regulation (AR 635-200), a member ordered to active duty (AD) will be discharged or released from AD when he completes the period for which ordered to AD. Normally, a member being separated for fulfillment of service obligation will be awarded a character of service of honorable. 7. In reaching its determination, the Board can 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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was warranted. Based upon a documentary review of the applicant’s military record, the Board concluded that the applicant 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 635-200 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 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 to show 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. 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 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, provides for the separation of enlisted personnel. a. Paragraph 3-7a (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. b. Paragraph 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Chapter 4 of this regulation provides policy for the separation of members upon expiration of enlistment or fulfillment of service obligation. Normally, a member being separated for fulfillment of service obligation will be awarded a character of service of honorable. 3. An uncharacterized discharge is neither positive nor negative; it is not “derogatory.” An uncharacterized character of service is not meant to be a negative refection 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. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170014614 3 1