ARMY BOARD OF CORRECTIONS FOR MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 June 2020 DOCKET NUMBER: AR20210007804 APPLICANT REQUESTS: * his record to be corrected * issuance of 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) * Discharge from US Army Ready Reserve * Bachelor of Arts * Associate in Arts FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 believes his record is in error because he served in the US Army Reserve (USAR) from 9 September 1983 through 29 October 1986. He was promised an honorable discharge on account that he had just graduated from college with a two-year degree. He then was accepted and completed a four-year degree program. The commanding officer agreed to the discharge because the commute from college to his unit was too great a distance for him at the time to accomplish successfully. The error was only just detected when he requested the records in an attempt to verify his eligibility for certain benefits. The Board should find in his favor because he was not ware of the error and he could use the benefits earned at this stage. 3. The applicant provides the following documents for the Board's consideration: a. Orders published by Headquarters, First United States Army, dated 29 October 1986 showing he was discharged from the USAR Ready Reserve effective 29 October 1986 with an uncharacterized discharge. b. A Bachelor of Arts certificate awarded on 14 May 1988 and an Associate in Arts certificate awarded on 24 May 1986. 4. On 19 September 1983, the applicant enlisted into the USAR for 6 years. He was ordered to Initial Active Duty Training (IADT) with a reporting date of 30 September 1983. His reporting date to basic training was 7 October 1983. 5. On 26 October 1983, Order Number 206-024 was published ordering him to IADT with an Advanced Individual Training (AIT) reporting date of 29 June 1984. 6. On 4 October 1984, a memorandum was completed in reference to Order Number 206-024, dated 26 October 1983 the applicant did not report to AIT and it was requested that he be separated from the USAR under the provisions of Army Regulation 630-10 (Absence Without Leave and Desertion). 7. The applicant states his record was in error because he served in the USAR from 9 September 1983 through 29 October 1986. He was promised an honorable discharge because he had graduated from college. He was discharged from the USAR because the distance to his unit was too far for him to attend while he was in college. a. There is no evidence in the applicant's record to show he attended IADT for basic training or for AIT. There is no evidence the applicant was awarded a Military Occupational Specialty. The applicant was not issued a DD Form 214. b. The applicant's records include a memorandum stating he did not report to his AIT and it was requested he be separated from the USAR. It was requested he be processed for separation in accordance with Army Regulation 630-10. c. Army Regulation 630-10, in effect at the time, states Chapter 5, applied to USAR Soldiers who fail to report for IADT. The reception station commander would identify Soldiers who failed to reported as ordered. They would be processed as an AWOL Soldier. c. Army Regulation 635-5 (Personnel Separation - Separation Documents), in effect at the time, states a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge or released from active Army to include members of the USAR after completing IADT. There is no evidence the applicant completed his IADT. d. The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans' benefits; however, in reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. 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. Soldiers in the USAR and ARNG are authorized and honorable discharge while in entry-level status only if they complete their active duty schooling and earn their MOS. That is not the case here. The applicant did not report to his IADT for basic training or for AIT and it was requested he be separated from the USAR. 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. 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. 6/3/2021 CHAIRPERSON 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separation - Separation Documents), in effect at the time, states a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge or released from active Army to include members of the USAR after completing IADT. 3. Army Regulation 630-10, in effect at the time, states Chapter 5, applied to USAR Soldiers who fail to report for IADT. The reception station commander would identify Soldiers who failed to reported as ordered. They would be processed as an AWOL Soldier. 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. //NOTHING FOLLOWS//