IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230005956 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2002 to show her uncharacterized service as under honorable conditions (general) or honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Special Order AD-045, State of Connecticut, Office of the Adjutant General, National Guard Armory, Hartford, CT, dated 17 February 1999 * Certificate of Training, U.S. Army Training Center, 4th Training Brigade, 2nd Battalion, 39th Infantry Regiment, dated 30 May 2002 FACTS: 1. Standard of Review. When arriving at its findings and making its determinations, the Board shall review the petition for requested relief independent from any previous petitions submitted to the Army Discharge Review Board (ADRB) or the Army Board for Correction of Military Records (ABCMR). 2. The applicant states, in effect, she graduated from basic combat training. Four weeks into advanced individual training, she received a red cross message. Her sister had a mental breakdown and was no longer able to care for the applicant’s children. She is hopeful the Board will take into consideration all the weekend drills she attended prior to completing basic training when considering her request for an honorable discharge. 3. The applicant had a previous enlistment in the Connecticut Air National Guard (CTANG). A National Guard Bureau (NGB) Form 22 (NGB – Report of Separation and Record of Service) and the corresponding NGB Form 22A (Correction to NGB Form 22) shows the applicant was discharged from the CTANG on 1 March 1999, by reason of entry level performance and conduct. Her service was uncharacterized, and she was credited with 1 year and 3 months of total service for pay. 4. The applicant’s service record contains a DA Form 5840-R (Certificate of Guardianship or Escort), dated 16 April 2001, and a corresponding DA Form 5305-R (Family Care Plan), dated 23 May 2001, which shows she assigned guardianship of her two minor children to S.L., in preparation for her enlistment in the Army National Guard. 5. A memorandum through Commander, Headquarters, 143rd ASG, Newington, CT, dated 25 May 2001, shows the applicant received an approved waiver to enlist in the Army National Guard. 6. The applicant enlisted in the Army National Guard of the United States on 30 May 2001 for a 7-year period. She was ordered to active duty for the purpose of completing her initial active-duty training (IADT) on 27 February 2002. 7. The applicant’s service record is void of the complete facts and circumstances surrounding her discharge. However, she was released from active duty on 28 June 2002 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4, by reason of completion of required active service. Her DD Form 214 confirms her character of service was uncharacterized, with separation code MBK and reentry code NA. She was credited with 4 months and 2 days of net active service this period. She was not awarded a military occupational specialty (MOS). 8. The applicant was separated from the Army National Guard on 27 April 2004 by reason of failure to report to IADT (phase I or phase II). Her NGB 22 shows her service was uncharacterized. 9. The applicant received an approved waiver to enlist in the Army National Guard of New Jersey (NJARNG). Subsequently, she enlisted in the NJARNG on 17 June 2005 for a 4-year period. 10. The applicant was separated from the NJARNG on 13 March 2006, by reason of failure to attend initial entry training (phase I or phase II). Her NGB Form 22 confirms her service was uncharacterized. 11. The ADRB reviewed the applicant’s request for discharge upgrade on 17 July 2013. After careful consideration, the Board determined the discharge was both proper and equitable. The request for relief was denied. 12. The applicant provides a copy of her orders honorably separating her from the CTANG on 1 March 1999, and a certificate of training, dated 30 May 2002, which shows she successfully completed basic combat training. 13. 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 in an entry-level status at the time of her separation processing. 14. The Board should consider the applicant's argument and/or evidence in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. 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. Upon review of the applicant’s petition and available military records, the Board determined the applicant did not complete training and was released from active duty for completion of required active service. As such, her DD Form 214 properly shows the appropriate characterization of service as uncharacterized. 2. The Board noted, the applicant was credited with 4 months and 2 days of net active service this period. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty 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 and relief was denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx xx xx 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. 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 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. Army Regulation 635-200, in effect at the time sets forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different characterizations of service. a. Paragraph 3-7a states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier'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. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-7b states 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. c. Paragraph 3-9a (Entry-level-status separation) provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in entry-level status, except when: (1) Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (2) The Secretary of the Army, on a case-by-case basis, determines that an Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or (3) The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. 3. On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Service Boards for 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// ABCMR Record of Proceedings (cont) AR20230005956 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1