ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 August 2019

	DOCKET NUMBER:  AR20170016022


APPLICANT REQUESTS:  an upgrade to his uncharacterized discharge to an honorable 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* self-authored statement
* three character statements
* background check 
* Air Force Review Board letter

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 had originally been instructed by the local veteran’s affairs office to submit his request to the Air Force.  Over a period of time, as the Air Force reviewed his paperwork, they responded by directing him to submit his request to the Army for review.  

3.  The applicant provides:  

	a.  A self-authored statement which states prior to him leaving his Reserve unit in O'Hare, he was told he would be put on Inactive Ready Reserve (IRR) status.  He was also that if he located a unit in Florida he wanted to serve with, he could be brought out of IRR status, and be assigned to that unit.  He did not locate a unit in Florida, because he did not believe it would affect his discharge, based on what he had been told by his unit at O'Hare.  He has had a very successful career as a police officer for the past 22 years.  He was approached early in his career and asked to serve as a member of the "Anti-Crime Unit" (a small unit which targeted specific crimes, such as drug dealing, and prostitution). He then went on to interview, and be assigned to the department's K-9 Unit for 7 years.  Following his time in the K-9 Unit, he was promoted to the position of Detective.  He was a Detective for approximately two months when he was approached and asked if he would consider joining the department's five person "Homicide Unit".  He has been a member of the Homicide Unit since June, 2005, (over 10 years), and he is presently serving as a member of that unit.  

	b.  Three character statements from his co-workers which states in summary, they have worked alongside the applicant in the area of law enforcement.  He is highly respected, he’s a man of integrity and high moral conviction, who handled responsibilities effortlessly and he is dedicated and committed to his community and fellow officers.  

	c.  An Authority for Release of Information (Background Investigation Waiver), dated 9 February 2016, stating that a search of the fingerprints provided by the applicant revealed no prior arrest data.  

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

	a.  He enlisted in the Army Reserve on 28 September 1981, he was ordered to initial active duty for training (IADT) at Fort Leonard Wood, MO, he reported on 28 June 1982 for 8 weeks of basic training, which started on 2 July 1982 as per order number 198-21, dated 28 September 1981.  

	b.  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Charlie Company, 2nd Battalion, 3rd Basic Training Brigade, Fort Leonard Wood, MO on 11 June 1982.  It also shows that on 5 August 1982 he was relieved from active duty and return to his Reserve Unit of assignment.  

	c.  Fort Dix, NJ Orders 206-103, dated 25 July 1983, shows he was assigned to Company Bravo, 2nd Battalion, 5th Training Brigade, Fort Dix, NJ.  He completed advanced individual training and was awarded the Military Occupational Specialty (MOS) 64C (Vehicle Driver) on 25 July 1983.   
 
	d.  His DD Form 214(Certificate of Release or Discharge from Active Duty) shows he was released from active duty on 29 July 1983.  He was released under the provisions of paragraph 16-9a and b, Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel) for Reserve Component personnel upon completion of MOS training or early release of retention control point.  His character of service is uncharacterized.  He had 1 month and 22 days of net active service this period,             2 months and 2 days prior active service, and 1 year, 6 month and 8 days of inactive service.  He had no lost time.  

5.  There is no evidence the applicant has applied to the Army Discharge Review Board (ADRB) for review of his discharge within that board's 15-year statute of limitations.


6.  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 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 635-200 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 by reissuing him a DD Form 214 for the period ending 29 July 1983 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.  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.  AR 635-200, paragraph 3–9 provides a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when—

     a.  Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.
     
     b.  HQDA (AHRC–EPR–F), 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.  The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170016022


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