ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20180006869 APPLICANT REQUESTS: an upgrade to his entry level discharge to honorable and reenlistment eligibility code upgraded to RE-1 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Training Certificates (2) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (Report of Separation and Record of Service) 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: a. He was a good Soldier and after he completed advanced individual training (AIT), he went to his assigned post. He needed help to get his driver’s license for his military occupational specialty (MOS), but he received no assistance. He was also told that 111th did need a 64C and he would be an engineer. It was difficult for him to make rank without the required training and he was disappointed, because he enlisted and trained for 64C. He was very young when he entered the Army National Guard and did not know what to do about the issue. He stayed with the 111th Engineers until 1 May 1990 and nothing changed. He requested a transfer and asked to be discharged to join the Regular Army, but was denied. He admits to being young and did not know the proper channels to follow. He was disappointed and missed a few drills. Finally, he was told he would be discharged and could reenlist in another branch, if he desired. He never checked his records until recently. b. After his discharge he went to college and became a HVAC technician. As a supervisor, he has trained other technicians and has been with the same company for a. 20 years. It has been 30 years since enlistment and he believes it is about pride and justice more than anything. He feels that individuals at his unit failed him and in doing so, failed the Army National Guard. He was above the average Soldier and who loves the state of Texas and his country. He would gladly serve his country in any capacity needed. He loved basic training and AIT, it gave him a since of pride and purpose. 3. The applicant provides: * Superior Performance Certificate from Basic Training * Basic Training Completion Certificate * DD Form 214 which captures his active duty time during training * NGB Form 22 which captures his National Guard time 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard on 8 May 1987. b. He attended and completed basic training on 17 July 1987 and advanced individual training (AIT) on 11 September 1987. c. His DD Form 214 shows he was discharged on 11 September 1987 and issued a characterization of service of entry level status and item 27 (Reenlistment Code), shows not applicable (NA). He completed 3 months and 29 days of net active service, with no lost time. He was awarded or authorized the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. There is no indication he petitioned the Army Discharge Review Board for review of his separation processing, within that board’s 15 years statute of limitations. 6. By Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, 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. Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. 7. The Board should consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 1. 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 ARNG. 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 and the RE code changed to “1”. 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: * (Item 24) characterization of service as “Honorable” * (Item 27) Re-entry (RE) code as “1” 10/28/2019 X CHAIRPERSON Signed by: 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 635-200 (Personnel Separations – Enlisted Personnel) describes the different types of characterization of service. It states that an uncharacterized separation is an entry-level separation. a. A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, 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. Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. a. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. 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. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her active military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 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.