IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005628 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of the date of birth (DOB) and the characterization of service that are recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that his DOB is XX not XX . a. He also states that he completed the Medical Specialist course while assigned to Company A, 232nd Medical Battalion, U.S. Army Medical Department Center and School (AMEDDC&S), Health Services Command (HSC), Fort Sam Houston, TX, and he was awarded military occupational specialty (MOS) 91B (Medical Specialist). He was then released from active duty for training (ADT) with a character of service of "uncharacterized" and returned to his unit in the Army National Guard (ARNG) of Guam. b. When he asked the DD Form 214 issuing authority at Fort Sam Houston about the "uncharacterized" entry, he was told that (in 1993) it was the proper entry for item 24 (Character of Service). He was also told the "uncharacterized" service does not mean anything derogatory. However, the characterization of service as "uncharacterized" has disqualified him from certain employment opportunities, particularly Federal employment. 3. The applicant provides copies of his: * Birth Certificate * social security card * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) * NGB Form 55a (ARNG Honorable Discharge Certificate) CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military record is not available to the Board for review. However, the applicant's DD Form 214 and NGB Form 22 are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he entered ADT on 25 May 1993, was released from ADT on 8 1993, and transferred to an ARNG unit in Guam. He had completed 4 months and 14 days of net active service this period and 2 months and 15 days of total prior inactive service. It also shows in: * item 5 (DOB): "7210XX" (XX ) * item 6 (Reserve Obligation Termination Date): 10 March 2001 * item 8a (Last Duty Assignment and Major Command): Company A, 232nd Medical Battalion, AMEDDC&S, HSC * item 8b (Station Where Separated): Fort Sam Houston, TX 78232-5000 * item 11 (Primary Specialty): 91B1O, Medical Specialist * item 14 (Military Education): Medical Specialist Course, 10 Weeks, 1993 * item 24 (Character of Service): "Uncharacterized" * item 25 (Separation Authority): Military Entrance Processing Station, Self-Terminating Orders 105-06, dated 13 April 1993, Course 91B * item 28 (Narrative Reason for Separation): Completion of period of ADT * item 29 (Dates of Time Lost During This Period): None 4. The applicant's NGB Form 22 shows he was separated from the Army National Guard of the United States (ARNGUS) and the ARNG of Guam on 16 1995 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. He had completed 2 years, 6 months, and 6 days of total service this period. It also shows, in pertinent part, in: * item 7 (DOB): "7410XX" (XX ) * item 13 (Primary Specialty Number, Title and Date Awarded): 91B1O, Medical Specialist * item 24 (Character of Service): "Honorable" 5. The DD Form 55a he provides shows the applicant was honorably discharged from ARNG of Guam on 16 1995. 6. The Government of Guam, Department of Public Health and Social Services, Certificate of Live Birth, that the applicant provides shows Ebert Santos S____ (the applicant) was born on XX at Guam Memorial Hospital, Oka, Tamuning, Guam, and the record of his birth was recorded on 22 . 7. His social security card, issued on 20 January 2015, that he provides shows his name and Social Security Number (SSN) and that the name and SSN correspond with the name and SSN on his DD Form 214 and NGB Form 22. 8. AR 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of the applicant's separation from ADT, set 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. a. Chapter 3 (Character of Service/Description of Separation), paragraph 3-9 (Uncharacterized separations), shows a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. b. The Glossary describes "entry level status" as the first 180 days of continuous active military service. For members of a Reserve Component (RC) who have not completed 180 days of continuous active military service and who are not on active duty, entry level status begins upon enlistment in a RC (including a period of assignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry level active duty training. 9. Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 3 (Character of Service/Description of Separation), currently in effect, shows in: a. Paragraph 3-7 (Types of administrative discharges/character of service), 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 ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9 (Uncharacterized separations), 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, in pertinent part, 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. 10. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from ADT, prescribed the policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for: * item 5 show, enter date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes (e.g., 720106 for 6 January ) * item 24, the authorized entries are – * Honorable * Under Honorable Conditions (General) * Under Other Than Honorably Conditions * Bad Conduct * Dishonorable * Uncharacterized * Not Applicable 11. AR 635-8, currently in effect, shows for item 24, that the correct entry is vital since it affects a Soldier's eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. When a RC Soldier successfully completes initial active duty training the character of service is honorable, unless directed otherwise by the separation approval authority. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's DOB was correctly recorded on his NGB Form 22 when he was separated from the ARNGUS and ARNG of Guam on 16 1995. However, it appears a typographic error was made when the applicant's DOB was recorded on his DD Form 214 when he was released from ADT on 8 1993. Based on the evidence of record, it would be appropriate to correct the DOB shown on the applicant's DD Form 214. 2. The evidence of record shows that at the time of the applicant's release from ADT he had successfully completed his initial MOS training and he was credited with 4 months and 14 days of net active service for the period of service under review. Thus, he was in an entry-level status at the time and the character of his service was correctly entered on his DD Form 214 as "uncharacterized." a. However, the governing Army regulations have since changed and an "honorable" character of service is authorized for a Soldier in entry-level status provided he/she completes the period for which ordered to ADT. The applicant successfully completed initial entry training and he was awarded MOS 91B. b. Based on the evidence of record, it would be appropriate to correct the character of service shown on the applicant's DD Form 214. BOARD VOTE: ____x___ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. deleting the current entry from item 5 of his DD Form 214 and adding his DOB as recorded on his birth certificate; and b. deleting the current entry from item 24 and adding the entry "Honorable." _______ _ _x______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150005628 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005628 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1