IN THE CASE OF: BOARD DATE: 30 October 2020 DOCKET NUMBER: AR20200002945 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge for the period ending 15 August 1997. 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 from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 19970815 * DD Form 214, 20011116 * DD Form 214, 20060507 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 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 he requires status of honorable on his first DD Form 214 for use on an application to pay military deposit for military service for federal employment. This is part of retirement calculations. He is currently still serving as lieutenant colonel in the Army Reserve honorably today. 3. The applicant provides three DD Form 214(s) ending: * 19970815 – showing he received an uncharacterized character of service after completion of required active service * 20011116 – showing he received an honorable discharge after he was released from active duty for completion of required active service * 20060507 - showing he received an honorable discharge after he was released from active duty for completion of required active service in support of Operation Enduring Freedom 4. A review of the applicant’s service records shows: a. He enlisted in the Pennsylvania Army National Guard (PAARNG) on 26 March 1997. b. His DD Form 214 shows he entered active duty for training (ADT) on 16 May 1997. He completed training for awarded military occupational specialty (02B) Cornet Trumpet Player. c. He was released from ADT on 15 August 1997. His DD Form 214 for this period of service shows he was assigned an uncharacterized character of service for period. He completed 3 months of active service. d. He was discharged from the PAARNG on 19 July 2000 to commission as second lieutenant in the US Army Reserve (USAR). e. On 20 July 2000, he was commissioned as an officer in the Army Reserve. f. His DD Form 214 shows he entered ADT on 9 July 2001. He was honorably released from ADT on 16 November 2001 for completion of required active service. His DD Form 214 shows he completed 4 months and 8 days of active service. g. He was ordered to active duty in support of Operation Enduring Freedom on 10 January 2005. h. His DD Form 214 shows he was honorably released from active duty for completion of required active service on 7 May 2006. He completed 1 year, 3 months, and 28 days of active service. i. He received his notification of eligibility for retired pay at non-regular retirement (20 year letter) on 26 April 2018. j. He was ordered to active duty for training for a period of 384 days for attendance to the Naval War College with a report date of 13 February 2020. k. He continues to serve in the USAR. 5. By regulation (AR 635-5), Reserve component (RC) Soldiers are issued a DD Form 214 after completing 90 days or more of continuous active duty for training (ADT). 6. By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. A general discharge is not authorized. 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 that 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 ARNG. 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. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX 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 reissuing the applicant a DD Form 214, dated 15 August 1997, showing his characterization of service as Honorable. 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 Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation stated in: a. Paragraph 3-7a – an honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b – a general discharge was a separation from the Army under honorable conditions. When authorized, it was issued to a member whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 3-9 – a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier was in entry level status. During the first 180 days of continuous active military service, a member's service was under review. When separated within the first 180 days, service was usually not characterized unless the circumstances of the separation warranted a discharge under other than honorable conditions (misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002945 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1