IN THE CASE OF: . BOARD DATE: 21 July 2021 DOCKET NUMBER: AR20200001037 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 4a (Grade, Rate or Rank): Specialist (SPC) * item 24 (Character of Service): Honorable APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for the Review of Discharge) * DD Form 214, for the period ending 16 January 1991 * Self-Authored Statement, 4 January 2013 * Death Certificate (Applicant’s Spouse), 17 February 1992 * Honorable Discharge Certificate, 17 March 1996 FACTS: 1. The applicant did not file within the three-year time frame 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 applicant states due to the passing of her husband, she was unable to fulfill her obligated time in the U.S. Army Reserve (USAR). She was undergoing serious mental stress and was misguided by her unit commander on leaving the service. She left without fully understanding the consequences of separation. She adds that SPC/E-4 is the correct pay grade. 3. She enlisted in the USAR on 13 March 1990 as a private first class (PFC)/E-3 for a period of 8 years. 4. She entered active duty for training (ADT) on 12 September 1990. She completed training and was awarded military occupational specialty 76P (Material Control and Accounting Specialist) (Training Only). 5. She was released from active duty on 16 January 1991. Her DD Form 214 shows she completed 4 months and 5 days (125 days) of active service. It also shows in: * item 4a (Grade, Rate, or Rank): PFC and item 4b (E-3 * item 11 (Primary Specialty): 76P (Material Control and Accounting Specialist) (Training Only) * item 14 (Military Education): Material Control and Accounting Specialist, 8 Weeks, January 1991 * item 24 (Character of Service): Uncharacterized 6. Her record contains a DA Form 4187 (Personnel Action), dated 16 March 1991, which shows she was promoted to the rank/grade of SPC/E-4 with an effective date of 16 March 1991. 7. The applicant provides a death certificate for her spouse, which shows his date of death as 17 February 1992. 8. She also provides an Honorable Discharge Certificate, which shows she was discharged on 17 March 1996. 9. Orders 96A-094-039, dated 3 April 1996, published by the 88th Regional Support Command show she was released from her current assignment for unsatisfactory participation. 10. By regulation (AR 635-200): a. An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. b. Current guidance states Reserve Component Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of Army National Guard (ARNG) Alternate Training Program or USAR Split Training Program) will receive a character of service of Honorable unless directed otherwise by the separation approval authority. 11. Also by regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined partial relief was warranted. Based upon a documentary review of the applicant’s military record, the Board concluded that the applicant completed a period of active duty while conducting initial entry training (IET). He was awarded a MOS at the completion of IET and was transferred back to the USAR. Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. The Board, however, found based upon the DA Form 4187 that she was promoted outside the service dates covered by the DD Form 214; therefore, the Board concluded there was no evidence of an error or injustice related to changing the applicant’s rank to SPC. The Board wished to inform the applicant that only periods of service on active duty service greater than 90 days of service are properly annotated on a DD Form 214. Events occurring in the USAR are not status, such as promotions, are not captured on DD Form 214s. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX : : 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 reissuing the applicant a DD Form 214 showing her characterization of service as Honorable. 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 changing the applicant’s rank. 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations), in effect at the time, prescribed for the separation of enlisted personnel. a. Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a separation with honor. 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. Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty training or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. b. Paragraph 3-7b (General Discharge) states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 3-9 (Uncharacterized Separations) states a separation will be described as an entry level separation if processing is initiated while a member is in entry level status. 3. AR 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, states 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 the Soldier has less than 181 days of continuous active military service, has completed initial entry training, has been awarded a military occupational specialty, and has reported for duty at a follow-on unit of assignment. 4. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. a. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6 states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001037 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1