ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 May 2020 DOCKET NUMBER: AR20190002814 APPLICANT REQUESTS: removal of the entry "Member Has Not Completed First Full Term of Service" from block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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) * DD Form 214 REFERENCES: 1. Army Regulation 600-20 (Army Command Policy) prescribes the policy and responsibilities of command which include the well-being of the force, military discipline and conduct, the Army Equal Opportunity Program, and the Army Sexual Assault Victim Program. Paragraph 5-5 (Family Care Plans) states plans must be made to ensure family members are properly and adequately cared for when the Soldier is deployed, on temporary duty, or otherwise not available due to military requirements. The sole purpose of the family care plan is to document for Army purposes the plan by which Soldiers provide for the care of their family members when military duties prevent the Soldier from doing so. It will include proof that guardians and escorts have been thoroughly briefed on the responsibilities they will assume for the sponsor/Soldier and the procedures for accessing military and civilian facilities and services on behalf of the family members of the sponsor/Soldier. Enlisted Soldiers will be counseled on voluntary and involuntary separation whenever parenthood interferes with military responsibilities. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 1-16 (Counseling and Rehabilitative Requirements) states Army leaders at all levels must be continually aware of their obligation to provide purpose, direction, and motivation to Soldiers. It is essential that Soldiers who falter, but have the potential to serve honorably and well, be given every opportunity to succeed. Effective leadership is particularly important in the case of Soldiers serving their initial enlistments. Except as otherwise indicated in this regulation, commanders must make maximum use of counseling and rehabilitation before determining that a Soldier has no potential for further useful service and, therefore, should be separated. In this regard, commanders will ensure that adequate counseling and rehabilitative measures are taken before initiating involuntary separation due to parenthood. When a Soldier’s conduct or performance becomes unacceptable, the commander will ensure that a responsible official formally notifies the Soldier of his/her deficiencies. At least one formal counseling session is required before separation proceedings may be initiated. In addition, there must be evidence that the Soldier’s deficiencies continued after the initial formal counseling. b. Paragraph 5-8 (Involuntary Separation Due to Parenthood) states: (1) Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include: (a) inability to perform prescribed duties satisfactorily; (b) repeated absenteeism; (c) repeated tardiness; (d) inability to participate in field training exercises or perform special duties, such as charge of quarters and staff duty noncommissioned officer; and (e) non-availability for worldwide assignment or deployment according to the needs of the Army. (2) Separation processing may not be initiated under this paragraph until the Soldier has been adequately counseled concerning deficiencies and has been afforded the opportunity to overcome them. 3. Army Regulation 635-8 (Separation Processing and Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or the custody and control of the Army. It established standardized policy for preparation of the DD Form 214. Paragraph 5-6 provided detailed instructions for data required in each block of the DD Form 214. The detailed instructions for block 18 (Remarks) stated to use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available; as a continuation for entries in blocks 9, 11, 13, and 14; or for conditional entries. Paragraph 5-6r(2) stated the following entry is mandatory: "SOLDIER (HAS OR HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE." This information assists the State in determining eligibility for unemployment compensation entitlement. The following guidance will help determine which entry to use: a. To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment contract and any extensions to those initial enlistment documents and compare the term of enlistment to the net service in block 12c (Net Active Service This Period) of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter "HAS." If block 12c of the DD Form 214 is less than the Soldier's commitment, enter "HAS NOT." b. Routinely, a Regular Army Soldier should not be considered to have completed the first full term of service if separation occurs before the end of the initial contracted period of service. However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract. A prior service enlistee is considered to be on a second term of military service, even if that Soldier fails to complete the current term of service, the appropriate entry is "HAS." 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. FACTS: 1. The applicant states the reason for his discharge for parenthood was not within his control, but rather matters at the time kept him from proceeding with his military career. He finds it unjust for the remarks block of his DD Form 214 to state that he did not complete the full term of his enlistment because it can and has precluded him from possible employment. This is violating his constitutional rights of "life, liberty, and pursuit of happiness." 2. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the Regular Army on 15 October 2014 for a term of not less than 4 years and 29 weeks. 3. The memorandum for record from the Commander, Headquarters Support Company, 1st Battalion, 7th Special Forces Group (Airborne), undated, subject: Letter of Intent, states the applicant is being considered for administrative separation under the provisions of Army Regulation 635-200, paragraph 5-8 (Involuntary Separation Due to Parenthood). The applicant had been informed of and counseled on his intent to separate him for the above mentioned reason. 4. On 20 January 2017, the applicant acknowledged receipt of the commander's intent to separate him under the provisions of Army Regulation 635-200, paragraph 5-8, and of the rights available to him. He was advised of his right to consult with counsel prior to submitting his election of rights. 5. The memorandum from the Commander, Forward Support Company, 1st Battalion, 7th Special Forces Group (Airborne), undated, subject: Separation under Army Regulation 635-200, Chapter 5-8 (should read Paragraph 5-8), Involuntary Separation due to Parenthood, (Applicant), states he is initiating action to involuntarily separate him under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood. He cited the following reasons for the proposed action as: a. On 2 December 2016, the applicant was counseled and told he had 30 days to come up with an adequate family care plan. b. On 10 January 2017, the applicant was counseled again after the expiration of his initial 30 days for not coming up with an adequate family care plan and that chapter (administrative separation) proceedings would be initiated. 6. On 14 February 2017, the applicant acknowledged he was advised by his consulting counsel of the basis for the contemplated action to involuntarily separate him due to parenthood per Army Regulation 635-200, paragraph 5-8, and its effects; the rights available to him; and the effect of any action taken by him in waiving his rights. He understood he would not have 6 years or more of total active military service at the time of separation and was not entitled to have his case considered by an administrative separation board. He further indicated: * he did not submit a statement in his behalf * he requested consulting counsel and representation by military counsel or civilian counsel at no expense to the Government * he understood he may be ineligible to apply for enlistment in the U.S. Army for a period of up to 2 years after discharge 7. The memorandum from the Commander, Forward Support Company, 1st Battalion, 7th Special Forces Group (Airborne), undated, subject: Commander's Report – Proposed Separation under Army Regulation 635-200, Chapter 5-8 (should read Paragraph 5-8), Involuntary Separation due to Parenthood, (Applicant), states he recommended the applicant's involuntary separation due to parenthood prior to expiration of his current term of service under the provisions of Army Regulation 635-200, paragraph 5-8. 8. On 23 February 2017, the applicant's intermediate commander recommended the applicant be separated under the provisions of Army Regulation 635-200, paragraph 5-8 for involuntary separation due to parenthood prior to his expiration of his current term of service. He cited the following specific, factual reasons for the recommended action as: a. On 2 December 2016, the applicant was counseled and told he had 30 days to come up with an adequate family care plan. b. On 10 January 2017, the applicant was counseled again after the expiration of his initial 30 days for not coming up with an adequate family care plan and that chapter (administrative separation) proceedings would be initiated. 9. On 24 February 2017, the applicant's Family Care Plan Counseling Checklist was certified. He stated he was counseled on his rights and he understood he had 30 days to facilitate a proper family care plan. He waived his right of 30 days because he did not have a sufficient family care plan available. 10. On 16 March 2017, the separation authority directed the applicant's involuntary separation prior to expiration of his current term of service under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood. He directed characterization of the applicant's service as honorable. He determined the applicant would not be transferred to the Individual Ready Reserve. 11. His DD Form 214 shows he was discharged on 7 April 2017 under the provisions of Army Regulation 635-200, paragraph 5-8, by reason of parenthood. He completed 2 years, 5 months, and 23 days of net active service during this period. His service was characterized as honorable. Block 18 (Remarks) contains the entry "Member has not completed first full term of service." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. After reviewing the facts and circumstances, the Board found that the DD Form 214 was completed within regulatory guidelines and standards. For that reason, the Board recommended that denying the requested relief was appropriate. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002814 6 1