ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20180011199


APPLICANT REQUESTS:  an upgrade from his uncharacterized discharge to honorable

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 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 for some unknown reason, he only recently discovered that his discharge was “uncharacterized” on his DD form 214 (Certificate of Release or Discharge from Active Duty).

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

	a.  He enlisted in the United States Army Reserve (USAR) for 8 years on 10 January 1986 and was ordered to Initial Active Duty for Training on 14 February 1986.

	b.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted personnel), Chapter 
4 (Separation for Expiration of Service Obligation) on 8 May 1986 with an “uncharacterized” character of service.  He completed 3 months and 5 days of net active service this period with no lost time.  He was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade 
* Army Service Ribbon

	c.  The applicant received reassignment orders on 22 December 1987, due to a change of address.  The effective date of these orders was 4 January 1988.

	d.  On 1 March 1988, he received his Service School Academic Evaluation Report (DA Form 1059) after attending the Combat Engineer course.

	e.  On 28 May 1988, the applicant received a Letter of Recognition from his platoon leader regarding his outstanding services and support during annual training for 1988 that resulted in his platoon being selected as the number one platoon during summer camp.

	f.  The complete facts and circumstances surrounding the time frame from his last annual training in 1988 until he began receiving Letters of Instruction regarding his unexcused absences are not available for review with this case, however, there were several letters sent, dating from 14 June 1990 to 3 June 1991 that were received and some that were returned unanswered, and he was subsequently reduced by one grade for inefficiency.  

	g.  On 16 August 1991, his commander wrote a statement concerning 9th unexcused absence, citing the applicant was contacted, but offered no cogent or emergency reason for his absence.

	h.  On 18 September 1991, he was reassigned to the US Army Reserve Control Group, Annual Training.  He was reassigned due to unsatisfactory participation.

	i.  He was honorably discharged from the USAR on 11 January 1994. 

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, Army National Guard of the United States (ARNGUS) and United States Army Reserve (USAR) soldiers who successfully complete a period of initial active duty training (IADT) to which ordered, will out-process per AR 612-201.  The service of soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.

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, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  He 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 reissuing him a DD Form 214 for the period ending 8 May 1986 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.  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), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  
	a.  Paragraph 3-7a (Honorable) provides 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) provides 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.  Chapter 4 (Separation for Expiration of Service Obligation) of that regulation provides, in pertinent part, that a soldier will be separated upon expiration of enlistment or fulfillment of service obligation. 

	d.  Paragraph 4-2 Discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training)

	e.  Paragraph 4-2h Army National Guard of the United States (ARNGUS) and United States Army Reserve (USAR) soldiers who successfully complete a period of initial active duty training (IADT) to which ordered, will out-process per AR 612-201.  The service of soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their IADT successfully.

	f.  Paragraph 4-4 (Characterization of Service) states in pertinent part, 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)	 AR20180011199


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