ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF 

	BOARD DATE:  30 July 2019

	DOCKET NUMBER:  AR20190005878


APPLICANT REQUESTS:  The applicant requests that the characterization of service 
on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed 
from "uncharacterized" to "honorable." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Honorable Discharge Certificate, United States Army Reserve (USAR)

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 she received an Honorable Discharge Certificate [USAR], but 
her DD Form 214 shows “uncharacterized” service.  She was not aware of the error until 
she attempted to use her DD Form 214.  Additionally, she states that she was placed in 
an active status when she accompanied her husband on active duty to Ramstein [Air 
Base], Germany.  

3.  The available evidence shows the applicant enlisted in the USAR for a period of
8 years on 20 August 1991. 

4.  She was ordered to initial active duty for training (IADT) and was assigned to Fort 
Jackson, SC, on 8 January 1992.  She complete both basic and advanced individual 
training and was awarded military occupational specialty 76Y (Unit Supply Specialist).  
On 16 June 1992, she was released from IADT to the control of her USAR unit.



5.  The DD Form 214 she was issued shows she was released from ADT under the 
provisions of chapter 4, Army Regulation (AR) 635-200 (Personnel Separations) by 
reason of expiration term of service with uncharacterized service.  She completed 
5 months and 9 days of creditable active service. 

6.  According to the Honorable Discharge Certificate she provided, she was honorably 
discharged from the USAR on 24 August 1999 upon completion of her enlistment 
commitment. 

7.  Army Regulation 635-8 (Separation Processing and Documents) states when a 
Reserve Component (RC) Soldier successfully completes IADT the character of service 
is honorable unless directed otherwise by the separation approval authority.

8.  The applicant contends, in effect, she received an Honorable Discharge Certificate 
from the USAR, as such, her DD Form 214 should be corrected to show “honorable” 
service in lieu of “uncharacterized” service.  She was not aware of the error until she 
attempted to use her DD Form 214.  Additionally, in regards to her being placed in an 
active status when she accompanied her husband on active duty to Ramstein [Air 
Base], Germany, neither the applicant nor her available records provides evidence of 
this active service.  

9.  The applicant completed her training, was awarded an MOS, and she was released 
to the USAR, due to expiration of term of service.  She completed 5 months and 9 days 
of active service.  In reaching its determination, the Board can consider the applicant’s 
petition, the fact that she completed her training and was awarded an MOS, and her 
service record in accordance with the published equity, injustice, or clemency guidance. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DOD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s USAR status, initial active 
duty for training, completion of MOS producing school and award of an MOS and 
subsequent release back to her unit.  The Board found that while the period of her 
active duty was less than 180 days, policy allows for her to receive an Honorable 
character of Service unless otherwise directed by the separation authority.  The Board 
majority determined that her service was honorable and an upgrade was warranted.  
One Board member determined that her service of less than 180 days did not suffice for 
a characterization of service. 

2.  After reviewing the application and all supporting documents, the Board majority 
found that relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:x	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 amending to item 24 of 
the DD Form 214 ending 16 June 1992 to reflect: “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.


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.  AR 635-8 (Separation Processing and Documents) currently in effect, prescribes the 
transition processing function of the military personnel system. It contains guidance 
stating for block 24 (Characterization of Service) the correct entry is vital since it affects 
a Soldier’s eligibility for post-service benefits. Characterization or description of service 
is determined by directive authorizing separation. When a RC Soldier successfully 
completes IADT the character of service is honorable unless directed otherwise by the 
separation approval authority.

3.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  
Chapter 4 of this regulation provides, in pertinent part, that a Soldier will be separated 
upon the expiration of enlistment or the fulfillment of service obligation.  A Soldier being 
separated upon expiration of enlistment or fulfillment of the service obligation will be 
awarded a character of service of honorable, unless the Soldier is in an entry-level 
status and the service is uncharacterized. This regulation also:

      a.  Describes the different types of characterization of service.  It states in pertinent 
part that an uncharacterized separation is an entry-level separation.  A separation is 
described as an entry-level separation if processing is initiated while a member is in 
entry-level status, except when characterization under other than honorable condition is 
authorized under the reason for separation and is warranted by the circumstances of 
the case or when the Secretary of the Army, on a case-by-case basis, determines that 
characterization of service as honorable is clearly warranted by the presence of unusual 
circumstances involving personal conduct and performance of duty.  

      b.  Provides in paragraph 3-9a that a separation will be described as entry-level with 
service uncharacterized if processing is initiated while a Soldier is in entry-level status, 
except as noted in Paragraph 3-9a(3).  The Soldier has less than 181 days of 
continuous active military service, has completed Initial Entry Training, has been 
awarded an MOS, and has reported for duty at a follow-on unit of assignment/USAR. 

   c.  An honorable discharge was a separation with honor and entitled the recipient to 
benefits provided by law.  The honorable characterization was appropriate when the 
quality of the member’s service generally had met the standards of acceptable conduct 
and performance of duty for Army personnel, or was otherwise so meritorious that any 
other characterization would have been clearly inappropriate.  

	d.  A general discharge was a separation from the Army under honorable conditions.  
When authorized, it was issued to a Soldier whose military record was satisfactory but 
not sufficiently meritorious to warrant an honorable discharge.

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.  

	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.




ABCMR Record of Proceedings (cont)	 AR20190005878

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