IN THE CASE OF:  

		BOARD DATE:  31 March 2020

		DOCKET NUMBER:  AR20200000527


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 31 May 1991 to show in:

*	Item 4a (Grade, Rank, or 
Rank) the entry "PV2" instead of "PV1"
*	Item 4b (Pay Grade) the entry 
"E2" instead of "E1"
*	Item 24 (Character of Service) 
the entry "Honorable" instead of "Uncharacterized"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Orders D-12-877120, issued by U.S. Army Reserve Personnel Command,  
St. Louis, MO, dated 8 December 1998

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States 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 Board will not consider the portion of the applicant's request, which pertains to 
upgrading his character of service, as this will be addressed through an administrative 
correction,

3.  The applicant states he has documentation from his command showing his correct 
grade, rank, or rate and his type of discharge as honorable.  

4.  The applicant enlisted in the United State Army Reserve (USAR) on 6 December 
1990.  

5.  Amended Orders 32-1 issued by the Military Entrance Processing Station, 
Jacksonville, FL, on 15 February 1991, ordered him to initial active duty for training to 
Fort Dix, NJ, on 15 February 1991.  Subsequently, orders 066-514 ordered him to 
advanced individual training for military occupational specialty (MOS) training. 

6.  The applicant was released from active duty for training (ADT) and released back to 
the 1159th Transportation Detachment, a troop program unit of the USAR on 31 May 
1991.  His DD Form 214 shows in:

*	Item 4a and 4b the entries "PV1" and "E1" respectively
*	Item 11 (Primary Specialty) the entry "88N (Traffic Management Coordinator)

7.  Army Regulation 635-5 (Separation Documents), dated 15 August 1979, in effect at 
the time of the applicants release from active duty for training, stated to enter the active 
duty grade of rank and pay grade at the time of separation in item 4a and item 4b.  

8.  A review of the applicant's record contains an official USAR document labeled 
"Advancement Eligibility Status Roster" with an as of date of 5 July 1991, shows the 
applicant was promoted to the rank/grade of PV2/E2 effective 22 August 1991, after his 
separation from active duty. 

9.  The applicant provides and his record contains Orders D-877120, dated 8 December 
1998 that shows he was honorably discharged from the USAR in the rank of "PV2" 
effective 8 December 1998, after his separation from active duty.        


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his completion of active duty training, award of an MOS and return to his USAR 
unit of assignment.  The Board considered the policy specific to characterization of 
service for Reserve Component Soldiers ordered to active duty for MOS training.  The 
Board found that the applicant was not promoted to PV2/E2 until after his period of 
active duty service and that his rank as shown on the DD Form 214 was correct.  Based 
on a preponderance of evidence, the Board determined that a change to the character 
of service the applicant received upon separation was necessary.

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
the DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period 
ending 31 May 1991 to show in item 24 (Character of Service) the entry "Honorable" 
vice “Uncharacterized.”

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to amending the rank/pay grade on the applicant’s DD 
Form 214.



		  
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, United States 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.

2.  Army Regulation 635-5, in effect at the time, prescribed the separation documents 
prepared for Soldiers upon retirement, discharge, or release from active military service 
or control of the Army.  It established standardized policy for preparation of the 
DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent 
period of continuous active duty.  It provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement, or discharge.  It states 
Soldiers with less than 181 days of continuous active service who have completed IET, 
been awarded an MOS, and been assigned to a follow-on unit for duty will be processed 
for discharge with an honorable characterization of service.  The instructions also state 
for item 4a and b, the preparer should enter the separating Soldier's active duty grade 
or rank and pay grade at time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000527


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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