IN THE CASE OF: BOARD DATE: 9 November 2023 DOCKET NUMBER: AR20230002948 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * block 11 (Primary Specialty) the military occupational specialty (MOS) 35M (human intelligence) in lieu of “None” * block 14 (military education) Human Intelligence Collector Course In lieu of “None” APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Graduate Diploma (Human Intelligence Collector Course) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 enlisted in the Regular Army on 13 June 2017. 3. The applicant completed Basic Combat Training (BCT) and was transferred to Advance Individual Training (AIT) on 25 August 2017. 4. A DA form 268 (Report to Suspend Favorable Personnel Actions (Flag)) shows a flag was initiated on 10 January 2018 for adverse action. The applicant was subsequently counseled advising her of the flag for adverse action as a result of her being subject of a substantiated investigation of her improper relationship with another Soldier. She was also advised she may be subject to non-judicial punishment or may be processed for separation. 5. Order 022-016, dated 22 January 2018, shows the applicant was awarded MOS 35M effective 24 January 2018. 6. A DA Form 2627 (Record of Proceedings under Article 15, UCMJ) shows the applicant accepted non-judicial punishment on 13 February 2018 for the following misconduct on or about 1 November 2017 and 30 November 2017: * wrongfully engaging in an inappropriate relationship no required by the training mission * wrongfully commit indecent conduct …in public 7. A DA Form 268 shows a flag was initiated on 13 February 2018 for involuntary separation (field initiated). 8. Orders 058-003, dated 27 February 2018, revoke Orders 022-016, dated 22 January 2018. 9. The applicant was processed for an involuntary separation under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Separations), paragraph 14-12c for commission of a serious offense. 10. The applicant was discharged on 18 April 2018 with a character of service of general, under honorable conditions. Her DD Form 214 shows “none” in block 11 and block 14. 11. The applicant provided a diploma awarded on 24 January 2018 showing she was a graduate of the Human Intelligence Collector Course. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found that, although the orders awarding the applicant MOS 35M were revoked, the evidence confirms she had completed the required training for the MOS. The Board found her completion of the required training sufficient as a basis for correcting her DD Form 214. The Board determined items 11 and 14 of her DD Form 214 should be corrected to show the MOS and training, respectively. ? 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 amending her DD Form 214 as follows: * Replace the entry in block 11 with “35M1O, 0 years, 0 months” * Replace the entry in block 14 with “Human Intelligence Collector Course, 20 weeks, 2018” 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, U.S. Code, 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 (AR) 600–8–2 (Personnel-General Suspension of Favorable Personnel Actions (Flag)) prescribes policies, operating rules, and steps governing the suspension of favorable personnel actions, hereafter referred to as “Flag” throughout the regulation. a. Chapter 2 states: The purpose of a Flag is to prevent and/or preclude— (1) Execution of favorable actions to a Soldier who may be in an unfavorable status (not in good standing). (2) Movement of a Soldier when it is in the best interests of the Army for the Soldier to remain in his or her current unit or at his or her current location until cleared of ongoing actions. Should the command determine that it is in the best interests of the Army to PCS the Soldier even though he or she has not been cleared of ongoing actions, the command may do so in accordance with paragraph 2–8: however, the Flag will remain in place. Circumstances requiring a nontransferable Flag include: (A) “Commander’s investigation” (Flag code L). Commanders must Flag Soldiers who are suspects or subjects of an investigation or are designated as respondents in a board. (B) “Adverse actions” (Flag code A). Commanders must Flag Soldiers for adverse actions including, but not limited to (except drug or alcohol related offences which will be flagged code U or V): (i) Initiation of proceedings under Article (ART) 15, Uniform Code of Military Justice (UCMJ, ART 15); court martial proceedings (immediately upon preferral of charges or pretrial confinement); or civilian criminal charges, restraint, or confinement. This Flag may appropriately overlap with Flag code L or M above, as warranted. (ii) Initiation of proceedings for administrative reduction in grade for inefficiency or misconduct in accordance with AR 600–8–19. (iii) Initiation of a nonpunitive memorandum of reprimand, censure, or admonishment. The Flag will be effective on the day the offense leading to the memorandum took place. This Flag may appropriately overlap with Flag code L or M above, as warranted. (iv) Soldier is absent without leave (AWOL) in accordance with AR 630– 10. For all Soldiers, submit the initial Flag on the second day of AWOL effective the first day of AWOL. (C) “Involuntary separation or discharge” (field initiated (Flag code B) or Headquarters, Department of the Army initiated (Flag code W)). Soldiers pending involuntary separation or discharge (AR 635–200, AR 600–8–24, AR 135–175, or AR 135–178) to include the Qualitative Management Program, must be flagged (except entry level performance and conduct separations initiated under AR 635–200). Soldiers will not be flagged solely for undergoing a medical evaluation board. The effective date of the Flag will be the date the commander signs the intent to separate notification memorandum to the Soldier or the date HQDA initiates an involuntary separation action. Remove the Flag when Soldier is reassigned to a transition point (Active Component), discharge orders are published (Reserve Component), or Soldier is retained. HQDA initiated Flags are authenticated by HRC (AHRC–OPL–R (officer) or AHRC–EPF–M(enlisted)). b. Chapter 3 states the attendance at military or civilian schools is prohibited. However, for enlisted Soldiers, military schools include, but are not limited to, Noncommissioned Officer Education System courses and functional area and skill qualification training. This does not include basic combat training, advanced individual training, and one-station unit training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002948 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1