ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170018287 APPLICANT REQUESTS: an upgrade to her uncharacterized conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) 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 she served eight years in the Army Reserves without any discipline or negative behavior. She completed her contractual agreement and was held beyond her expiration of term of service date due to no fault of her own. She respectfully submits this application for the Board to review. 3. A review of the applicant’s available service record shows: a. She enlisted in the United States Army Reserve on 17 August 1995 for a period of 8 years. b. She was ordered to active duty to undergo basic combat training or advanced individual training with an effective date of 24 January 1996 for a period of 12 weeks. c. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was released from Active Duty on 1 May 1996 with an uncharacterized character of service. She completed 3 months and 16 days of net active service for the purpose of training. d. The applicant’s record is void of the complete facts and circumstances, which led to her separation. However, her service record contains discharge orders, dated 9 September 2003, which shows she was discharged from the United States Army Reserve, after serving 8 years and 23 days and given an uncharacterized characterization of service. 4. 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. 5. By regulation, (AR 135-178) the service will be described as uncharacterized if separation processing is initiated while a soldier is in an entry level status. 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, 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 her 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 the applicant a DD Form 214 showing her 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 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, in effect at the time, establishes policies, standards, and procedures governing the administrative separation of certain enlisted soldiers of the Army National Guard or the United States and the United States Army reserve as directed by DOD Directive 1332.14, December 1993 Subject: Enlisted Administrative Separations. a. Paragraph 2-9a (Honorable) states that an honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious than any other characterization would be clearly inappropriate. b. Paragraph 2-9b (General) says that if a soldier’s service has been hones and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspect the soldier’s conduct or performance of duty outweighs positive aspects of the soldier’s military record. c. Paragraph 2.11 (Separation where service is Uncharacterized) says the service will be described as uncharacterized if separation processing is initiated while a soldier is in an: * entry level status * void enlistment * dropped from the rolls 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170018287 2 1