ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20190000976 APPLICANT REQUESTS: His uncharacterized discharge be upgraded to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 31 December 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 he was told that as long as he was a law abiding citizen, he could make this request after 2 years of separation from the service. He is paralyzed from "T-6" down and the benefits could help to improve his life. 3. The applicant enlisted in the Regular Army on 29 October 1986. He completed training for qualification in military occupational specialty (MOS) 76V (Materiel Storage and Handling Specialist). 4. The applicant was honorably discharged on 28 October 1988, following his completion of 1 year, 11 months, and 30 days of net active service this period. He was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, due to expiration term of service. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) covering this period of service. 5. The applicant reenlisted in the Regular Army on 25 February 1992, under MOS 18X (Special Forces Recruit), under the Special Forces Enlistment Option. 6. Order 064-621, issued by U.S. Army Infantry Center, Fort Benning, GA on 4 March 1992, released the applicant from his current assignment and assigned him to 1st Battalion (Airborne), 507th Parachute Infantry, Fort Benning, GA. The orders state that upon completion of airborne training, his follow-up assignment would be to G Company, 1st Student Training Battalion, 1st Special Warfare Training Group, Fort Bragg, NC, to training in MOS 18X. 7. Orders 078-563, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA on 18 March 1992, shows the applicant was awarded MOS 18X, with additional qualification as a parachutist, effective 27 March 1992. 8. The applicant was formally notified on 1 May 1992 that he was being recommended for discharge under the provisions of Army Regulation 635-200, paragraph 11-2, due to his failure to successfully complete the Special Forces Assessment and Selection Course, as stated in his enlistment contract. In the notification for discharge, he was told that if approved, the least favorable characterization of service he could receive from this action was uncharacterized. 9. The applicant acknowledge receipt of the notification on 1 May 1992. He consulted with counsel 4 March 1992 and he elected not to submit a statement in his own behalf. 10. The separation authority approved the recommendation for discharge on 6 May 1992 and directed that his service be uncharacterized. 11. The applicant was released from active duty on 20 May 1992, under the provisions of Army Regulation 635-200, paragraph 11-3a, due to entry level status and performance. He completed 2 months and 26 days of net active service this period. His DD Form 214 confirmed his service was uncharacterized. He was transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve) to complete his service obligation. 12. Army Regulation 635-200, in affect at that time, set forth the policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons. 13. The Board should consider the applicant's statement in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The governing regulation provides that a separation will be described as an entry-level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. The applicant failed to complete Special Forces Assessment and Selection Course in accordance with his enlistment contract and was released to the US Army Reserve Control Group (Individual Ready Reserve) to complete his service obligation. As such, his DD Form 214 properly shows his service as uncharacterized. 2. 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. As a result, there is no basis for granting the applicant's request. 3. The Board noted that the applicant has another DD Form 214 indicating that he was honorably discharged on 28 October 1988, following his completion of 1 year, 11 months, and 30 days of net active service for that period. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 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 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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. b. Paragraph 3-7b states 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. c. Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status. This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self-discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. The regulation required an uncharacterized description of service for separation under this chapter. d. Separation under chapter 11 applied to Soldiers who were in an entry level status and, before the date of the initiation of separation action, completed no more than 180 days of continuous active duty and demonstrated that they could not or would not adapt socially or emotionally to military life. 3. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records may grant clemency regardless of the court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. 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 on the basis of equity, injustice, or clemency grounds, Boards 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. b. 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. 4. According to Army recruiting, personnel, and training commands, 18X isn't actually an MOS. Instead, it's an enlistment option. Until recently, the only way to join the Special Forces (SF) was to apply after achieving the grade of E-4. Under the 18X enlistment option, recruits are guaranteed the opportunity to "try out" for SF. It does not guarantee that the recruit will be accepted into the SF program. It only guarantees that the recruit will be given the opportunity to see if he "has the stuff." A recruit who enlists in the 18X SF enlistment program will attend Infantry OSUT (One Station Unit Training), which combines Army Basic Training and Infantry AIT (Advanced Individual Training) in one 17-week course. Upon graduation, recruits attend airborne training at Fort Benning, GA. The airborne course is a 3-week course where static line jumping is taught on a large scale. After "jump school," Soldiers are shipped to Fort Bragg, NC to attend a five phase program that prepares them, teaches them, and tests and evaluates their capabilities to join the SF Groups in the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000976 4 1