IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210017558 APPLICANT REQUESTS: An upgrade of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 Form 214 * Personal Statement 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 (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 went home on leave and found his infant son at home unattended. His mother was addicted to drugs and there was no one else to look after him. Unfortunately, he was not able to fulfill his military service obligation. He is requesting that his uncharacterized service be upgraded so that he may be eligible to receive benefits. He served for at least 180 days and performed his duties honorably. 3. In a personal statement the applicant indicated his ex-wife used illegal street drugs. As her addiction got worse, she became negligent in caring for their son. Their son was only a year old and her parents were also in no condition to care for him. He ended up leaving the Army with a hardship/[parenthood] discharge. 4. On 10 January 1995, the applicant enlisted in the Regular Army for 3 years, in the rank of specialist four/pay grade E-4. 5. United States Army Engineer Center, Fort Leonard Wood, MO, Orders 90-517, dated 23 May 1991, shows upon completion of training he was awarded military occupational specialty (MOS) 88M [Motor Transport Operator]. 6. On 17 April 1995, the applicant was issued Permanent Change of Station Orders with a report date of 21 May 1995 to Korea. 7. On 27 June 1995, he filed an application for separation, due to hardship or dependency. 8. On 5 July 1995, the separation authority directed the applicant’s separation under the provisions of Army Regulation (AR) 635-200, chapter 6, paragraph 6-3b(2), with an honorable character of service. 9. The DD Form 214 that was prepared at the time of separation shows, on 14 July 1991, he was released from active duty and was transferred to the United States Army Reserve (USAR) Control Group. His DD Form 214 shows he completed 6 months and 5 days of creditable active service. His awards are listed as the Army Service Ribbon and National Defense Service Medal. His DD Form 214 reflects in: * Primary Specialty, “88M Motor Transport Operator -- 0 YR” * Type of Separation, “Release from Active Duty” * Character of Service, “Uncharacterized” * Separation Authority, AR 635-200, Paragraph 6-3b(2) * Separation Code, “MDG” * Reentry Code, “RE-3” * Narrative Reason for Separation, “Parenthood” 10. Paragraph 6-3, AR 635-200 states that Soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship. The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouse’s) immediate family, separation from the service will materially affect the care or support of the family by alleviating undue and genuine hardship. 11. AR 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows the separation program designator “MGD” as shown on the applicant’s DD Form 214 and specifies the narrative reason for discharge as “Parenthood,” the authority for discharge under this separation program designator is “AR 635-200, paragraph 6-3b(2).” 12. The applicant provided a personal statement indicating his ex-wife used illegal street drugs. As her addiction got worse, she became negligent in caring for their son. Their son was only a year old and her parents were also in no condition to care for him. He ended up leaving the Army with a hardship/[parenthood] discharge. He is requesting that his uncharacterized service be upgraded so that he may be eligible to receive benefits. He served for at least 180 days and performed his duties honorably. He also provided his DD Form 214 showing completion of service from 10 January to 14 July 1995 and he was award an MOS. His submissions were provided to the Board in its entirety. 13. The ABCMR does not grant requests for the correction of records solely for making the applicant eligible for veterans or other benefits. The Board decides every case individually based upon its merits when an applicant requests a correction to the military record. 14. In regard to the DD Form 214, he received, regulatory guidance stated an uncharacterized character of service was given to separating Soldiers whose discharge was initiated while in an entry-level status; Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active service. 15. In reaching its determination, the Board should consider the applicant's petition, personal statement, and his service record in light of the published Department of Defense guidance on equity, injustice, or clemency. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. 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. Upon review of the applicant’s petition and available military records the Board determined the separation authority directed the applicant’s separation under the provisions of Army Regulation (AR) 635-200, would be an honorable character of service. Based on this the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 reissuing the applicant a DD Form 214 showing his characterization of service as 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): NA 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 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 635-200 sets forth the basic authority for the separation of enlisted personnel: a. AR 635-200, paragraph 6-3, states that Soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship. The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. b. AR 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows the separation program designator “MGD” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Parenthood” and that the authority for discharge under this separation program designator is “AR 635-200, paragraph 6-3b(2).” c. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. d. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. e. An uncharacterized separation was deemed entry-level status when commanders initiated the action while the Soldier was within the first 180 days of continuous active duty. Soldiers separated in an entry-level status were issued an uncharacterized character of service. On a case-by-case basis, and when clearly warranted due to unusual circumstances involving personal conduct or duty performance, the Secretary of the Army could grant a Soldier an honorable character of service. 3. 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// ABCMR Record of Proceedings (cont) AR20210017558 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1