BOARD DATE: 24 July 2020 DOCKET NUMBER: AR20180006925 APPLICANT REQUESTS: Correction of her record to show: * her uncharacterized service as honorable under Army Regulation (AR) 135-178 (Enlisted Administrative Separations), chapter 14, Secretarial plenary authority * her Reentry Eligibility (RE) Code changed from 4A to 3 * her rank at separation to show the rank/grade of specialist (SPC)/E-4 in lieu of private (PVT)/E-1 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) * St. Petersburg University documents, dated 15 June 2011 * Certificate of recognition, dated 21 February 2015 * Sorority certificate, dated 13 April 2015 * Drake University diploma, dated 15 May 2015 * Drake University transcripts, dated 30 November 2015 * DD Form 4 (enlistment/Reenlistment Document Armed Forces of the United States), dated 3 December 2015 * Training reservation sheet * Physical fitness award, dated 27 August 2016 * Photograph of commander's coin * Memorandum, Subject: Initiation of Separation of the applicant, dated 23 May 2017 * Orders Number 145-01, dated 25 May 2017 * Deputy, Chief of Staff, G-1 letter to the Honorable Mr. S- K-, dated 31 August 2017 * DA Form 638 (Recommendation for Award), dated 26 January 2018 * Army Achievement Medal Certificate, dated 22 February 2018 FACTS: 1. The applicant states: a. She enlisted in the Army under the Military Accessions Vital to the National Interest (MAVNI) program in 2015. She separated while in entry level status in 2017 based on 2016 changes in MAVNI program policy under chapter 14 of AR 135-178 secretarial plenary authority, which authorizes honorable characterization. AR 135-178 paragraphs 2-9 and 2-11 states the service of a Soldier in entry level status will be described as honorable based on personal conduct and performance of military duty. b. Her personal conduct and performance of military duty was exceptional and honorable. She was recognized for superior performance on 27 August 2016 and 6 November 2016, and she received an Army Achievement Medal as a personal decoration for her service from 3 December 2015 to 1 June 2017. She was not separated for adverse reasons. Her service as a Soldier while in entry level status with a U.S. Army Reserve (USAR) Troop Program Unit for 19 months from 3 December 2015 to 1 June 2017 was exemplary. c. She was separated because her suitability background investigation was not completed for administrative reasons. It is improper for the Army to say that she was separated based on the Under Secretary of Defense (Personnel and Readiness) (USD (P&R)) policy memorandum regarding the MAVNI Pilot Program, dated 30 September 2016, because no final decision or adjudication was ever made regarding her suitability status. The reason for her separation was therefore an administrative error because she was separated based on an incomplete suitability investigation, not an adjudicated suitability or security decision. Because this error occurred while she was in an entry level status, she was summarily separated and unjustly received an uncharacterized discharge. Had this mistake not been made, she would have a discharge characterized as honorable. 2. A review of the applicant's official records shows the following: a. On 3 December 2015, the applicant enlisted in the USAR in the rank of SPC. b. On 22 February 2018, the Army Achievement Medal was presented to the applicant for meritorious service while assigned to the 412nd Engineer Company for the period 30 August 2016 – 21 November 2017. c. The applicant's records are void of a DD Form 214 (Certificate of Release or Discharge from Active Duty) or separation orders. Likewise, it is void of any non-judicial punishment under the provisions of the Uniform Code of Military Justice. 3. The applicant provides: a. St. Petersburg State education institution documents showing the Doctor of Medicine degree was granted to the applicant. b. Certificate of recognition presented to the applicant from the State of Iowa for being the volunteer of the year. c. Sorority certificate showing the applicant's membership. d. Drake University diploma showing the Master of Public Administration was conferred upon the applicant. e. Drake University transcripts showing the applicant's completed classes and grade point average. f. Training reservation showing the applicant had a training ship date of 6 June 2016 to one station unit training at Fort Leonard Wood, MO. g. Physical fitness award presented to the applicant for achieving the overall highest score in the female physical training competition. h. Commander's coin presented to the applicant. i. Memorandum, Subject: Initiation of Separation of the applicant that states in pertinent part, she failed to satisfactorily complete the counter intelligence focused security review directed by the Under Secretary of Defense (Personnel and Readiness) in reference to Memorandum, Under Secretary of Defense (Personnel and Readiness) USAR (P&R) Subject: Military Vital to the National Interest (MAVNI) Pilot Program Extension, 30 September 2016. Accordingly, as directed by the Assistant Secretary of the Army (Manpower and Reserve Affairs), Subject: Authority to Reinstate the MAVNI Pilot Program, 6 January 2017, she is ineligible for continued service and must be discharged from the USAR and receive an RE code of 4. j. Orders Number 145-01, issued by the U.S. Army Recruiting Battalion, MN, discharged the applicant from the USAR, effective on 1 June 2017, with uncharacterized service. Her rank is listed as PVT. k. Deputy Chief of Staff, G-1, letter to the Honorable Mr. S- K- wherein a G-1 official replies to the Honorable Mr. S- K- pertaining to his constituent's discharge. It states, in pertinent part, the applicant's separation was required as outlined in the USD (P&R) policy memorandum regarding the MAVNI Pilot Program, dated 30 September 2016. All individuals who enlisted through the MAVNI program must undergo additional security screening before being able to ship to initial entry training. The applicant’s service to the Army and desire to remain in service is greatly appreciated. Unfortunately, Army policy required that she be discharged because she failed to satisfactorily complete the security screening process. l. DA Form 638 showing the applicant was recommended and approved for the Army Achievement Medal. 4. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board noted the applicant did not complete initial entry training and was not awarded a military occupational specialty. While this was through no fault of her own, it did have the effect of keeping her in an entry level status throughout her period of service. The Board found insufficient evidence of mitigating factors that would support a recommendation to change the characterization of her service. The Board determined the fact that her service was not characterized is not in error or unjust. 3. The Board noted the applicant's willingness to serve and the fact that she received a decoration during her period of service. The Board agreed that the applicant should not have received an RE Code that prevents her from attempting to enter military service in the future, provided she can meet all requirements for such service. The Board determined the record should be corrected to show she was assigned RE Code "3," which may allow her to enter service with an approved waiver of any potential disqualifying factors. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was assigned Reentry Eligibility Code "3." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to uncharacterized 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. AR 135-178 (Enlisted Administrative Separations): a. Paragraph 2-9 (Characterization of Service) states: (1) 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 that any other characterization would be clearly inappropriate. An honorable characterization may only be awarded a Soldier upon completion of their service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted. Unless otherwise ineligible, a Soldier may receive an honorable characterization of service if they have, during their current enlistment, or any extension thereof, received a personal decoration. (2) General (under honorable conditions). If a Soldier’s service has been honest and faithful, it is appropriate to characterize that service as general, under honorable conditions. When authorized, a characterization of under honorable conditions is awarded 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 for expiration of their service obligation. b. Paragraph 2-11 (Separation where service is uncharacterized) states: (1) Entry level status. Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status. (2) Except in the following circumstances. When characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; or the Secretary of the Army, or the Secretary’s designated representative, 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 military duty. This characterization of service is authorized when the Soldier is separated: * convenience of the Government * under the Secretarial plenary authority (Chapter 13) c. Chapter 13 (Secretarial Plenary Authority) states Separation under this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies and early separation is clearly in the best interests of the Army. Separations under this chapter are effective only if approved, in writing, by the Secretary of the Army or approved designee as announced in updated memoranda. Individual cases that may be submitted to Headquarters Department of the Army for consideration of separation under Secretarial plenary authority. The service of Soldiers separated under this chapter will be characterized as honorable or under honorable conditions. d. Chapter 14 (Separation for Other Reasons) states a noncitizen will be discharged for one of the following conditions: * at the time of release from active duty, the Soldier fails or refuses to give a permanent mailing address within the U.S. or its territories, but gives only an address in a foreign country * leaves the U.S. for permanent residence in another country * visits a foreign country of which the Soldier is a national for a continuous period of 6 months or more 2. AR 601-210 (Regular Army and Reserve Components Enlistment Program), dated 31 August 2016: a. Table 3-1 states: * RE Code 3 applies to a person who is not considered fully qualified for reentry or continuous service at the time of separation, but disqualification is waiverable * RE Code 4 applies to a person separated from the last period of service with a non-waiverable disqualification * RE Code 4A applies to a Soldier separated prior to the effective date of this regulation; these codes will not be used b. Paragraph 3-23 (Correction of Army RE Codes) Army prior service personnel will be advised that RE codes may be changed only if they are determined to be administratively incorrect. Applicants who have corrected RE codes will be processed for a waiver at their request if otherwise qualified and waiver is authorized. No requirement to change RE code exists to qualify for enlistment. Only when there is evidence to support an incorrect RE code or when there is an administrative error will an applicant be advised to request a correction. 3. Under Secretary of Defense Memorandum, dated 30 September 2016, Subject: MAVNI Pilot Program Extension, was developed in coordination with the Under Secretary of Defense for Intelligence and extends the MAVNI pilot Program through 30 September 2017. The Military Department will prohibit Category 2 language/associated culture applicants from shipping to basic training or serving for any period of time on active duty until the Military Service certifies in writing to the Under Secretary of Defense for Personnel and Readiness (USD (P& R)) and the Under Secretary of Defense for Intelligence (USD(I)) their ability to meet administrative, security, and suitability protocols mandated herein prior to accessing any new applicants into the Delayed Entry Program (DEP). a. The guidance within this memorandum applies to all MAVNls currently in the DEP, all future applicants, and all Reserve accessions who enter Service or ship to basic training on or after the date of this memorandum. Those persons in the DEP who were recruited under the eligible language list in effect since 2014 may continue in the accession process, but they must be satisfactorily screened under the revised screening protocols found in this memorandum. b. All personnel accessed through the MAVNI program since its inception must be continuously monitored and accounted for throughout the duration of their affiliation with the Department of Defense (e.g. active duty, Reserve, government civilian, or contractor). c. No Service member accessed under language/associated culture eligibility is eligible for a security clearance until they have satisfied time in service requirements and have received an updated and favorable determination by the Consolidated Adjudications Facility. 4. Title 10, United States Code, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006925 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1