ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 May 2019 DOCKET NUMBER: AR20190005901 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) for the period ending 11 April 1986 to show his service is characterized as honorable in lieu of “uncharacterized.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD 214 (x2) * Honorable Discharge Certificate – United States Army National Guard (ARNG) * Honorable Discharge Certificate – United States Army Reserve (USAR) * Announcement Awarding the Army Reserve Components Overseas Training Ribbon * Certificate of Training, Plumbers Course * Orders 94-214, Headquarters, U.S Army Training Center Engineer and Fort Leonard Wood * Personnel Qualification Record * Estimated Earnings During Military Service * Personnel Qualification Record (USAR) (x2) 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, in effect, his DD Form 214 shows his first period of active duty training (ADT) is uncharacterized. Even though his grades and performance were at the top [of his class]. Upon completion of this training he continued to serve honorably in the Reserve, the ARNG, and he attended Officer Candidate School and was honorably discharged in the rank of second lieutenant. 3. On 18 November 1985, the applicant enlisted in the USAR for 8 years. He was ordered to ADT at Fort Leonard Wood, MO, from 30 December 1985 to 11 April 1986. He was awarded military occupational specialty 51K (Plumber). 4. The DD Form 214 he was issued shows he was released from ADT to the control of his Reserve unit under the provisions of chapter 4, Army Regulation (AR) 635-200 (Personnel Separations) by reason of expiration term of service with uncharacterized service. He completed 3 months and 12 days of creditable active service. 5. He provides a Certificate of Training confirming he successfully completed the 51K Plumbers Course, an Honorable Discharge Certificate showing he was honorably discharged from the USAR on 12 October 1999, and an Honorable Discharge Certificate showing he was honorably discharged from the ARNG on 7 June 1990. 6. 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. 7. The applicant contends, in effect, his first period of ADT is uncharacterized. Even though his grades and performance [were at the top of his class]. Upon completion of this training he continued to serve honorably in the Reserve, the ARNG, and he attended Officer Candidate School and was honorably discharged in the rank of second lieutenant. 8. The applicant completed 3 months and 12 days of ADT, he was awarded an MOS, and he was released to his Reserve unit, due to expiration of term of service. In reaching its determination, the Board can consider the applicant’s petition, the fact that he completed his training and was awarded an MOS, and his 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 reason for his subsequent release from active duty to return to his unit. The Board found that while the period of her active duty was less than 180 days, policy allows for him to receive an Honorable character of Service unless otherwise directed by the separation authority. The Board majority determined that his service was honorable and an upgrade was warranted. One Board member determined that his 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 11 April 1986 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) AR20190005901 4 1