ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  16 August 2019

	DOCKET NUMBER:  AR20170018819


APPLICANT REQUESTS: reconsideration of his previous request to upgrade his uncharacterized conditions discharge to honorable or general, under honorable 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)
* Veterans Affairs Disability Letter
* Employment Letter
* Application for 10-Point Preference
* Unofficial Transcript

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20180004699 on 29 May 2018.

2.  The applicant states he is requesting an upgrade because the DD Form 214 (Certificate of Release or Discharge from Active Duty) that he reviewed prior to his discharge, granted honorable conditions.  He was medically discharge and was given no choice to stay in the service or he would have stayed.  If he had stayed in another month, that would have been 180 days.  He is seeking a government job and his current DD Form 214 reflects negatively on him for not showing his character of service as honorable. 

3.  The applicant provides his disability letter to show his overall disability rating percentage.  He also provides a letter from his rehabilitation counselor, which certifies he can be considered for employment under a special hiring authority.

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

	a.  He enlisted in the Army National Guard of the United States on 29 October 2004.

	b.  He received orders on 1 November 2004 for initial active duty training (IADT) with an effective date of 30 December 2004.  His training period was scheduled to be approximately 15 weeks and he was to return home after completion. 

	c.  According to the Statement of Medical Examination and Duty Status, on            12 January 2005, while in training, the applicant was injured while engaging in physical training, specifically doing a fireman’s carry, and was taken to the clinic for examination and treatment. 

	d.  On 7 February 2005, an informal line of duty investigation was approved and it was determined that the applicant’s injury was in the line of duty. 

	e.  On 25 April 2005, Physical Evaluation Board (PEB) Proceedings were convened and it was determined due to his injury sustained while in training, he was physically unfit and it was recommended that he be separated with severance pay and a combined disability rating of 10 percent. 

	f.  His separation packet is not available for review in this case; however, his         DD Form 214, shows he was discharged on 2 June 2005 with a character of service of uncharacterized and his narrative reason for separation was disability, severance pay.  He completed 5 months and 1 day of net active service with 2 months and 3 days of prior inactive service with no lost time. 

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 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection 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. 





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 was separated for a service-connected disability in which he was provided with severance pay.  The Board determined his reason for separation warrants an Honorable character of service.
 
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 amendment of the ABCMR's decision in Docket Number AR20180004699 on 29 May 2018.  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 2 June 2005 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.  AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

2.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  
	a.  Paragraph 3-7a (Honorable) provided that an honorable discharge is a separation with honor. The 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 that' any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b (General) provided that 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.  A characterization of under honorable conditions may be issued only when the reason for the soldier's separation specifically allows such characterization. It will not be issued to soldiers upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty.

	c.  Paragraph 4-5 (Characterization of Service) provided that a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the soldier is in entry-level status and service is uncharacterized.  

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)	 AR20170018819


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