IN THE CASE OF: BOARD DATE: 8 September 2022 DOCKET NUMBER: AR20220003759 APPLICANT REQUESTS: in effect, to change his uncharacterized discharge to an honorable or medical separation/discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 293 (Application for the Review of Discharge) in lieu of DD Form 149 (Application for Correction of Military Record) 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, her first discharge was honorable in 1990. She reentered the service full time and after her second military occupational specialty (MOS) training, she blew out her ankle just before her tour was starting. She was sent home with a bad ankle and an uncharacterized discharge, instead of an honorable or medical. The medical documents supporting her case are in her medical records at Fort Knox, KY. 3. A review of the applicant's official records show the following: a. On 14 November 1988, Orders Number 319-19 issued by the U.S. Army Recruiting Battalion New York, Fort Hamilton, NY shows the applicant was separated from the U.S. Army Reserve (USAR) Delayed Entry Program, Fort Sheridan, IL, effective 28 October 1988. b. On 28 August 1989, she enlisted in the USAR for a period of 8 years. c. On 28 March 1990, Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, MO issued Orders Number 87-214 showing the applicant was awarded MOS 62H (Concrete and Asphalt Equipment Operator), effective 20 April 1990 or upon completion of training. d. On 10 April 1990, Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, issued Orders Number 100-227 showing the applicant was released from attachment for processing from initial active duty for training, effective 20 April 1990. e. DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 20 April 1990, shows she entered active duty for training (ADT) on 2 January 1990, and she was released from active duty for training and transferred to her USAR unit on 20 April 1990. She completed 3 months and 19 days of net active service this period and was awarded MOS 62H. Item 24 (Character of Service) shows "uncharacterized", and item 28 (Narrative Reason for Separation) shows "completion of ADT." f. On 5 April 1995, a memorandum, subject: Letter of Instructions – Unexcused Absence shows, in pertinent part, the applicant's immediate commander notified her that attendance records for the unit had shown she was absent from multiple unit training assembly on 1 and 2 April 1995. The absences were not excused; therefore, she had accrued 4 unexcused absences within a 1-year period. g. On 7 June 1995, a memorandum, subject: Letter of Instructions – Unexcused Absence shows, in pertinent part, the applicant's immediate commander notified her that attendance records for the unit had shown she was absent from multiple unit training assembly on 3 and 4 June 1995. Unless the absences were excused, she would have accrued 8 unexcused absences within a 1-year period. h. On 15 August 1995, Orders Number 227-20 issued by Headquarters, 81st Regional Support Command, Birmingham, AL shows the applicant was assigned to the USAR Control Group (Reinforcement), effective 15 August 1995. The reason for the reassignment was based on a change of address beyond commuting distance. 4. On 6 June 2022, the Case Management Division, Army Review Boards Agency sent the applicant a letter requesting she provide a copy of the medical documents that support her issue. As of 6 September 2022, she had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was warranted. Based upon a documentary review of the applicant’s military record, the Board concluded that the applicant completed a period of active duty while conducting initial entry training (IET). He was awarded a MOS at the completion of IET and was transferred back to the ARNG. Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. 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: * Characterization of Service: Honorable * Separation Authority: No change * Separation Code: No change * Reentry Code: No change * Narrative Reason for Separation: No change 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 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. Title 10, USC, section 1556 provides the Secretary of the Army shall ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) is provided a copy of all correspondence and communications, including summaries of verbal communications, with any agencies or persons external to agency or board, or a member of the staff of the agency or Board, that directly pertains to or has material effect on the applicant's case, except as authorized by statute. 3. Army Regulation (AR) 15–185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 4. AR 635-200 (Personnel Separations Enlisted Personnel) in effect at the time of the Soldiers separation, sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Paragraph 4-2h states Soldiers assigned to the USAR and Army National Guard (ARNG) characterization of service will be "uncharacterized" even though they have completed Initial Active Duty Training (IADT) successfully. The regulation further states, an uncharacterized separation is an entry-level separation. For Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training. 5. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. Chapter 5, paragraph 5-1 states, in pertinent part: a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. A DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty, and for RC Soldiers completing active duty that results in the award of a MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the ARNG 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. 6. On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military DRBs and 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 on the basis of 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) AR20220003759 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1