IN THE CASE OF: BOARD DATE: 8 August 2023 DOCKET NUMBER: AR20230000377 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 22 July 2022, to show he was honorably discharged (vice uncharacterized), and correction of items: • 7b (Home of Record at the Time of Entry) • 19a (Mailing Address After Separation) • 19b (Nearest Relative) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Certificate of Achievement, 3rd Battalion, 6th Air Defense Artillery Regiment, dated 4 March 2022 • DD Form 214, for the period ending 22 July 2022 • 53 pages of service treatment records, dated between 15 September 2021 to 5 August 2022 • Driver License, State of Texas, issued 31 July 2022 FACTS: 1. The applicant states, in effect his time in service was more than 180 days. He received no disciplinary action and was recognized as an honor graduate in his advanced individual training (AIT). The commander informed him that he would receive an honorable discharge. The County Road number listed in items 7b, 19a, and 19b of his DD Form 214 is incorrect. It currently reads County Road 2XX. It should read County Road 3XX. 2. The applicant enlisted in the Regular Army on 7 September 2021 for a 3-year period. His DD Form 4 (Enlistment/Reenlistment – Document Armed Forces of the United States), item 3 (Home of Record) shows his street address as XXXX County Road 3XX. 3. Orders 019-353, Headquarters, U.S. Army Garrison, Fort Sill, OK, dated 19 January 2022, shows the applicant was awarded military occupational specialty (MOS) 14T (Patriot Launching Station Enhanced Operator/Maintainer), effective 8 March 2022 or upon completion of training. Award of the MOS was contingent upon completion of AIT and granting of the required degree of security clearance. 4. The applicant's record is void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However, his DD Form 214 shows he was discharged on 22 July 2022, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), due to condition, not a disability. His service was uncharacterized. • He was assigned Separation Code JFV [physical condition, not a disability, interfering with performance of duty] and Reentry Code 3. • He was credited with 10 months and 16 days of net active service this period. 5. The applicant provides: a. A Certificate of Achievement from the 3rd Battalion, 6th Air Defense Artillery Regiment, dated 4 March 2022, was presented to the applicant in recognition of his selection as the honor graduate of the 14T Class 07-22. b. 53 pages of service treatment records from Reynolds Army Community Hospital, Fort Sill, OK, dated 15 September 2021 to 5 August 2022, show the applicant was treated for low back pain and bilateral knee pain. He underwent physical therapy for these conditions while in a trainee status at AIT. Page 19 (Previous Encounters), dated 18 March 2022, contains an entry under Graduation Date which states "holdover; graduate." The Problems list (page 7 of 8) notes low back pain, scoliosis, and spina bifida occulta. c. A Texas State Driver License, issued on 31 July 2022, shows the applicant’s street address as XXXX County Road 3XX. 6. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was credited with 10 months and 16 days of net active service this period; however, he may have been in an entry level status when his separation processing was initiated. 7. The Board should consider the applicant's argument and/or evidence in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows when the applicant enlisted in the Army, he listed an address in Texas that reads “XXXX County Rd 308, City, County, State. Upon separation, his DD Form 214 inadvertently listed “208” instead of “308” in multiple blocks including his Home of Record, Mailing Address After Separation, and the Nearest Relative blocks. The Board determined an error has occurred. b. The separation packet is not available for review. However, his DD Form 214 shows he was discharged due to condition, not a disability and his service was uncharacterized. The evidence shows the applicant did not complete initial entry training and was not awarded an MOS. 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. However, the Board determined that except for his medical condition (not a disability), it is likely the applicant would have completed initial entry training would have been awarded an MOS. The Board determined an injustice has occurred and that an honorable discharge is appropriate under published DoD guidance for liberal consideration of discharge upgrade requests. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: 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 him a DD Form 214 for the period ending 22 July 2022 showing: • his character of service as Honorable • the address as XXXX County Rd 308 (vice 208), City, County, State in Blocks 7b (Home of Record at the Time of Entry), 19a (Mailing Address After Separation), and 19b (Nearest Relative). Microsoft Office Signature Line... 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. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 3 provides that a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides that 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. c. Paragraph 3-9, in effect at the time of the applicant's separation, provided that a separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. The character of service for Soldiers separated under this provision would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents), provides the following guidance for completing items 7, 19a, and 19b of the DD Form 214: a. Item 7 – A Soldier’s initial enlistment contract or appointment document is the source for this data or any approved change by Enlisted Records and Evaluation Center (EREC). b. Item 19a – provided by the Soldier. This address must be a permanent address. c. Item 19b – provided by the Soldier. The name, and address of a relative (permanently located) who will know the location and address of the Soldier at all times. If the Soldier does not have a relative in this category, then the name of a close friend whom the Soldier keeps informed of his/her location and address. If this address is the same as block 19a, enter the relative/friend's name and "address same as block 19a." 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards of Correction of Military/Naval Records (BCM/NR) 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, Boards 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//