ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20180005988 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge. 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) 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, an upgrade of his discharge would allow him to get his Veteran status on his license and license plate through the Department of Motor Vehicles (DMV). 3. A review of the applicant’s service records shows the following: a. He enlisted in the U.S. Army Reserve (USAR) on 1 March 1994. He entered active duty for training on 9 June 1995. b. He completed training and was awarded military occupational specialty 77F (Petroleum Supply Specialist). c. He was released from active duty training on 15 August 1995 with an uncharacterized character of service. He completed 2 months and 7 days of active service. d. Orders 299-27, dated 26 October 1998, ordered him to voluntary reassignment to 851st Quartermaster Company, Fort Rucker, AL with a report date of 18 September 1998. e. He was absent from scheduled unit training assembly (UTA) or multiple unit training assemblies (MUTAs) between December 1996 and November 1999. f. He was notified, via certified/registered mail, by his immediate commander that he was absent from the scheduled UTAs or MUTAs. In each letter, he was also advised he had accrued a certain number of unexcused absences and that an accumulation of nine unexcused absences within one year would declare him an unsatisfactory participant. In each case, he was also provided an opportunity to explain and/or provide justification for the unexcused periods. The certified mail receipts show the applicant did/did not receive and accept delivery of these letters, but he failed to respond. He accrued nine unexcused absences. * 13 November 1996 (1) Returned to sender * 1-2 May 1997 (5) Signed for by X__ X__ on 24 May 1997 * 17-18 July 1998 (9) Signed for by X__ X__ 13 August 1998 g. On 29 June 2000, the 851st Quartermaster Company, Fort Rucker, AL, published Orders 181-65L, discharging him from the USAR, effective 31 May 2000, as an unsatisfactory participant, and characterizing his service as General (Under Honorable Conditions) in accordance with Army Regulation (AR) 135-178 (Army National Guard and Army Reserve Separation of Enlisted Personnel). 4. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant may want to so inform any potential employers 5. Army Regulation 135-178 (Army National Guard and Army Reserve Separation of Enlisted Personnel) states, the honorable characterization of service is appropriate when the quality of the Soldier’s service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. A general discharge is warranted when a significant negative aspect of the Soldier's conduct or performance outweighs positive aspects of the Soldier's military record. 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 by amending his DD Form 214 ending on 15 August 1995 to show an honorable character of service. 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 135-178 states the honorable characterization of service is appropriate when the quality of the Soldier’s service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. A general discharge is warranted when a significant negative aspect of the Soldier's conduct or performance outweighs positive aspects of the Soldier's military record. ABCMR Record of Proceedings (cont) AR20180005988 4 1