ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20190005778 APPLICANT REQUESTS: The applicant requests that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 March 1999, be changed from "uncharacterized" to "honorable." Additionally, she requests an upgrade of her general discharge under honorable conditions from the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Character References (x8) FACTS: 1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records (ABCMR) conducted a substantive review of this case and determinedit is in the interest of justice to excuse the applicant's failure to timely file. 2.The applicant states, in effect, she had been in the military for 4 and a half years.Although she had a high risk pregnancy, she still did what she had to do for the military.In 2003, her oldest daughter was born. She was due on 23 January 2004, but she wasborn on 3 October 2003. She weighed 1 pound and 14 ounces. From that day forwardshe had to make sure she was getting healthy enough to come home. She was and stillis a single mom, so she had to be everything for her. Her daughter ended up staying inthe “NICU” for 2 months until she gained enough weight to go home. She took herposition seriously as a Soldier. a.When she enlisted she dedicated her life as a Soldier and when she became amom she dedicated her life to being the best mom that she could. On 28 December 2004 her second daughter was born. Her girls are her pride and joy. They were given to her by God and she has to make sure that she takes care of them. b.She was released from the USAR in May 2005 with general discharge underhonorable conditions. She never imagined that someone who took their core values so seriously, had never gotten into trouble, someone who did their job well and with ease would be given this type of discharge. Everything she did while in the military was honorable. She did her job and respected everyone, but still she got the short end of the stick. Please reconsider this discharge status. She has done nothing but remain honorable to the military and her core values which she lives by. 4.The available evidence shows the applicant enlisted in the USAR for a period of8 years on 26 September 1998, establishing an expiration of term of service date of 25 September 2006.5.She was ordered to initial active duty for training (IADT) and was assigned to Fort Lee, VA, on 5 November 1998. She complete both basic and advanced individual training and was awarded military occupational specialty 92Y (Unit Supply Specialist). On 25 March 1999, she was released from IADT to the control of her USAR unit. The DD Form 214 issued at that time shows her service was "uncharacterized."6.The applicant requests her USAR discharge orders show her service was characterized as honorable. The applicant's record is void a separation packet that would provide the complete facts and circumstances surrounding her separation. Her record contains an Army Discharge Review Board (ADRB) Case Report and Directive, dated 2 June 2016, showing at the time the ADRB reviewed her case her record was also void of the specific facts and circumstances concerning the events which led to her discharge from the USAR. The ADRB denied the applicant’ request for an upgrade of her discharge.7.The available evidence contains discharge Orders 05-032-00040, Headquarters 81st Regional Readiness Command, dated 1 February 2005, confirming she was discharged on 1 March 2005, under the provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations), with a general discharge; however, the specific chapter and/or reason for the discharge are not provided.8.The applicant provides eight character references in support of her USAR service:a.Sergeant M states he has known the applicant as a friend and Soldier for more than 15 years. She has always been a stand-up person, she took her job seriously, and was an honorable Soldier. She always followed orders and completed the mission. She never got into any trouble. She is a great mom to her two daughters, a wonderful person, and he is proud to call her a fellow Soldier and friend. b. Airman First Class D states the applicant has served in the USAR and has never failed to uphold Army values. She has always carried herself with dignity, respect and honor. She and the applicant have been friends half of her life. The applicant took her job as a unit supply specialist seriously. The applicant gave her helpful advice and vice versa. The applicant has always been a dependable team player during her 6 years of service c. Ms. H, the applicant’s mother, states the applicant was raised by her and her husband to be the smart and honest person that she is. The applicant is outgoing and takes her job seriously. She is a hard worker and can work with anyone. She carries herself in a very respectful manner and she is very loving and kind. She always has a smile on her face even when she is going through a hard time. She's a loving mother and takes very good care of her two daughters. As a single mom, she strives to do her best to raise her daughters to respect people and themselves. She accomplishes whatever she sets her mind to do. She does not give up easily. She served faithfully in the military from 1998 to 2005. She enjoyed serving in the military and took pride in her uniform. She served our country and its right for her to be treated fairly and reap the benefits that she deserves. d. Mr. W states he has known the applicant for 20 years and he is a close friend. It is with great honor that he speaks on her behalf. The applicant is requesting an upgrade of her discharge due to inequity. Having known the applicant prior to and after her military career, he wholeheartedly vouch for her excellent character, strong work ethic and caring personality. He met the applicant in 1997 in junior high school. She always display poise, confidence, leadership, and never once was she cited or reprimanded for inappropriate behavior. As a civilian professional working single mother, he has watched her instilling these same values and qualities that she has gain through life experiences, the military, school, church, and family, into her girls. She is always looking for ways to continue her education and to provide a stable, loving, and nurturing home for her and her girls. When she is faced with challenges she remains hopeful, positive, and confident. He can be contacted at the email address provided. e. Ms. F, the applicants sister, states in addition to raising two beautiful daughterson her own, being a great daughter, a good sister to her and their brother, as well as a great Aunt she has always found time to get involved and support those around her. She was an honor student in school and always stayed focused on what she was trying to achieve. She was always was responsible. She has not only taught her the value of loyalty and commitment she also taught her how to manage things. She is a hard worker and very determined to achieve her goals. She is a problem solver. Much thought goes into the things. She has an unusual ability to notice things that others may overlook. She demonstrates wonderful qualities, work ethics, energy, helpfulness, and creativity. f. Ms. R states she has known the applicant almost 5 years. She was hermanager for more than 3 years and later they became friends. In that time, she has always displayed a great deal of responsibility and integrity. She proved herself to have great leadership skills and within a short time of being employed, she was promoted to Team Lead. She always conducted herself professionally and used good judgement in her decision making. She would be an asset to anyone who has the pleasure of knowing her. g. Ms. B, the applicant's cousin, state, the applicant is a good person, she always demonstrates morality in her actions and acts with the highest regard for others. She is a single mother of two beautiful daughters, she works hard to support her kids. The applicant loved the military, but she was stressed and under pressure when her oldest child was sick. The applicant is one of the best people that she knows. Although she had to resign from the military, she didn't make a poor choice, she is an amazing women, mother, daughter, friend, and exemplary women of God. Ms. B requests leniency in regard to the applicant so that she can put this behind her. h. Mr. B, a Florence, SC, police officer, states he has known the applicant for about 20 years. She has always been a determined woman. He admired her dedication to the military when he was young. She then had a daughter that was born prematurely and she gave everything to make sure her daughter was healthy. She had a second daughter and she did the exact same thing. She is a wonderful mother and it shows. Everything she does is for her girls. There has been numerous occasions when she helped him with problems that he had. She is the backbone of her family. Whenever things go wrong she's there to pick up the pieces and offer her assistance in any way possible. He is very proud to have her as a friend. 9. She completed 6 years, 5 months and 6 days of her 8 year U.S. Army Reserve contractual obligation. In reaching its determination, the Board can consider the applicant’s petition, her written statement and supporting affidavits and service record, in accordance with the published equity, injustice, or clemency guidance.BOARD DISCUSSION: 1.After reviewing the application and all supporting documents, to include the DoDguidance on liberal consideration when reviewing discharge upgrade requests, theBoard determined partial relief was warranted. The Board unanimously agreed that, asa matter of equity, the applicant's DD Form 214 for the period ending 25 March 1999should be corrected to show her service was honorable. The applicant successfullycompleted initial entry training and was awarded a military occupational specialty.Current regulatory guidance provides that the service of a Reserve Component Soldieron active duty for initial entry training will be characterized as honorable when theSoldier successfully completes the training.2.A majority of the Board, after considering the available service records and thestatements provided by the applicant, determined that, in the absence of military servicerecords documenting the basis for her discharge under honorable conditions in 2005,there is insufficient information available to determine if there is a basis for clemency in this case. A majority of the Board agreed that a preponderance of the evidence does not support changing the characterization of service she received upon discharge from the USAR. 3.The minority member found the statements provided by the applicant regarding hersituation as a single parent to be compelling and noted that the applicant's statement iscorroborated by the supporting statements she provided from family members andcolleagues. The minority member concluded that the evidence shows there is a basisfor clemency in the form of upgrading the characterization of service she received upondischarge from the USAR to fully honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX : : GRANT FULL RELIEF : :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by reissuingher DD Form 214 for the period ending 25 March 1999 to show her service wascharacterized as honorable. 2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much ofthe application that pertains to upgrading the characterization of service she receivedupon discharge from the U.S. Army Reserve. Microsoft Office Signature Line... 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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so. 2.Army Regulation 635-200 states a separation will be described as an entry levelseparation with service uncharacterized if processing is initiated while a Soldier is inentry level status, except under specific circumstances. For Army National Guard(ARNG) and USAR Soldiers, entry level status begins upon enlistment in the ArmyNational Guard or U.S. Army Reserve and terminates for Soldiers ordered to IADT forone continuous period-180 days after beginning training or Soldiers ordered to IADT forthe split or alternate training option-90 days after beginning Phase II (advancedindividual training). (Soldiers completing Phase I (basic training or basic combat training) remain in entry level status until 90 days after beginning Phase II. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states a DD Form 214 will be prepared for Reserve Component (RC) Soldiers awarded an MOS even if active duty is less than 90 days. RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the Army National Guard of the United States (ARNGUS) Alternate Training Program or USAR Split Training Program). When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority 4. Army Regulation (AR) 135-178 governs procedures covering enlisted personnel management of the Army Reserve. a. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. b. Chapter 6 (Convenience of the Government) provides a soldier may be separated on the basis of: (1) Dependency or hardship. Upon request of the soldier and approval of the separation authority, separation may be directed when it is considered that continued membership and service on active duty or active duty for training would result in genuine dependency or undue hardship. The hardship or dependency must not be temporary, conditions have arisen or have been aggravated to an excessive degree since entry into the Army; the administrative separation will alleviate the condition; and there are no other means of alleviation reasonably available. The evidence required will normally be in an affidavit form and must substantiate dependency or hardship conditions on which the application for separation is based. (2) Involuntary separation due to parenthood, if as a result, it is determined the soldier is unable to perform his or her duties or unavailable for worldwide assignment or deployment if ordered to annual training, active duty, or active duty for training. Commanders are required to ensure the soldier has been adequately counseled and afforded the opportunity to overcome those deficiencies as reflected in counseling or personnel records. c. Soldier separated for reasons under chapter 6 will be characterized as honorable unless an uncharacterized description of service is warranted. 5. Army Regulation 140-10 (Assignments, Attachments, Details and Transfers) provides for voluntary reassignment to the Inactive Ready Reserve (IRR) under certain conditions which include dependency or hardship, personal cogent reasons and Pregnancy. Additionally, it provides for involuntary reassignment to the IRR for conditions that include inability to perform duties due to parenthood. 6. 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. 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 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. 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. //NOTHING FOLLOWS//