ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 May 2019

	DOCKET NUMBER:  AR20180016702


APPLICANT REQUESTS: the following corrections on her DD Form 214 (Certificate of Release or Discharge from Active Duty): 

* correction of rank and pay grade from Private First Class (PFC/E-3) to Sergeant (SGT/E-5)
* updating of her discharge to indicate honorable


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* Discharge orders 
* DARP 249-2-E (Chronological Statement of Retirement Points)

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 on the provided DD Form 214 that: 

* Block 4a. (Grade, Rate or Rank) should be changed from PFC to SGT
* Block 4b. (Pay Grade) should be changed from E3 to E5
* Block 24 (Character of Service) should be updated to indicate honorable discharge 
* The applicant further states that per her discharge order dated “19950412” block 24, must reflect honorable discharge, not entry level

3. The applicant provides the following documents to support her rank correction:  

* Discharge orders, dated 18 April 1995 reflecting the rank of SGT
* DARP 249-2-E, dated 8 July 1994 reflecting the rank of SGT

4.  A review of the applicant’s service records indicate the following on: 

* 13 April 1987 – enlisted in the Army Reserves (AR) as a PFC/E-3 for eight (8) years as a 71L (Administrative Clerk)
* 22 July – 16 October 1987 – attended advanced individual training  
* 17 October 1987 – released from active Army as a PFC/E-3 and credited with serving 5 months and 13 days
* 28 June 1991 – promoted to the rank of SGT/E-5 
* 8 July 1994 – DARP 249-2-E reflects the rank of SGT 
* 18 April 1995 – discharged from the United States Army Reserves (USAR) at the rank of SGT/E-5 completion of service

5.  AR 635-5 (Separation Documents) states DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  Members of the Army National Guard (ARNG) and the USAR separated after completing initial active duty for training which resulted in the award of an MOS, even though the active duty was less than 90 days. This includes the completion of AIT under the USAR split training program. 

6.  Table 2-1 states: 

* item 4a./4b. (grade, rate or pay grade) enter active duty grade of rank and pay grade at time of separation
* item 24 (Character of Service) entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined and not applicable. 
* Item 27 (reenlistment code) enter “NA” for ARNGUS or USAR members
   
7.  AR 635-200 (Personnel Separations - Enlisted Personnel) states that the following types of characterization of service or description of separation are authorized:

* Separation with characterization of service as honorable, general (under honorable conditions), or under other than honorable
* Entry level separation (less than 180 days of active service)
* Order of release from the custody ad control of the Army by reason of void enlistment or induction
* Separation by being dropped from the rolls of the Army 

8.  Chapter 4 states that a member will be separated upon expiration of enlistment or fulfillment of service obligation.
 

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief.  

1.  Regarding the applicant’s request to update her discharge to indicate honorable, the Board found sufficient evidence to grant this portion of the applicant’s request.  Regulatory guidance indicates that USAR and ARNG Soldiers are granted an honorable discharge if they complete training, receive an MOS and are returned to their units.

2.  However, regarding the applicant’s request to correct her rank and pay grade from Private First Class (PFC/E-3) to Sergeant (SGT/E-5), the record indicates that the applicant was promoted to SGT/E-5 after her period of active service.  Therefore, the Board denied relief regarding this portion of the applicant’s request.


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:

The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  

1.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s discharge characterization on her DD Form 214 to “Honorable.”

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 amending her rank on her DD Form 214. 


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 (AR) 635-5 (Separation Documents) states DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  Members of the Army National Guard (ARNG) and the United States Army Reserve (USAR) separated after completing initial active duty for training which resulted in the award of an MOS, even though the active duty was less than 90 days. This includes the completion of AIT under the USAR split training program.

3.  Table 2-1 states in item 4a./4b. (grade, rate or pay grade) enter active duty grade of rank and pay grade at time of separation

4.  Table 2-1 states in item 24 (Character of Service) entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined and not applicable.

5.  AR 635-200 (Personnel Separations – Enlisted Personnel) defines entry level status for ARNG and USAR members beginning upon enlistment into the ARNG or USAR and terminates: 

* 180 days after beginning training for members ordered to Initial Active Duty Training (IADT)
* 90 days after beginning phase II (AIT); members completing phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after completing phase II 

6.  Para 4-2 (Discharge or release from Active Army upon termination of enlistment and other periods of active duty or active duty for training) states that members of the ARNG and the USAR for a period in excess of 90 days will upon release from active duty revert to the control of the appropriate reserve component.

7.  Para 4-4 (Characterization of Service) states that a member being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless and entry level separation is required.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180016702
0

4


1