IN THE CASE OF: BOARD DATE: 18 November 2020 DOCKET NUMBER: AR20200003015 APPLICANT REQUESTS: An upgrade of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 November 1991, to show his service is characterized as honorable in lieu of uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 would like to have his training discharge upgraded to honorable based on his Army National Guard (ARNG) service. 3. The available evidence shows the applicant enlisted in the ARNG for a period of 8 years on 25 June 1990, in the rank of private/pay grade E-1. 4. No orders are available. However, his DA Form 2-1 (Personnel Qualification Record) shows: a. Orders 129-09, Military Entrance Processing Station (MEPS), Des Moines, IA, dated 25 June 1990, show he was ordered to initial active duty for training (IADT) for 22 weeks with a report date of 30 May 1991. b. Orders 108-004, MEPS, Knoxville, TN, dated 30 May 1991, ordered the applicant, to IADT, effective the same date. c. On 30 May 1991, he was attached the 95th Adjutant General Battalion (Reception), Fort Sill OK, for ADT. On 4 June 1991, he was further attached to Battery D, 1st Battalion, 33rd Field Artillery, Fort Sill, for completion of basic training. d. On 2 August 1991, he was attached to Battery C, 2nd Battalion, 80th Field Artillery, Fort Sill, for completion of advanced individual training (AIT) in military occupational specialty (MOS) 31V (Unit Level Communications Maintainer). 5. The DD Form 214 he was issued shows he entered IADT from 30 May to 1 November 1991. He completed the training requirements, was awarded MOS 31V, and he was released from IADT to the control of the ARNG, in pay grade E-1. He completed 5 months and 2 days of creditable active service. His DD Form 214 also shows in: * (Type of Separation) – (No Entry) * (Character of Service) – (No Entry) * (Separation Authority) – (No Entry) * (Separation Code) – “MCD” [Release from ADT to complete MOS training and a minimum of 12 weeks ADT or release from ADT under emergency conditions] * (Narrative Reason for Separation) – (No Entry) 6. The applicant provides a copy of his DD Form 214 for service from 30 May to 1 November 1991 and an NGB Form 22 showing completion of honorable service from 25 June 1990 to 24 June 1999. 7. Army Regulation 635-8 (Separation Processing and Documents) states when a Reserve Component (RC) Soldier successfully completes IADT the character of service is honorable unless directed otherwise by the separation approval authority. 8. In regard to the DD Form 214, he received upon completion of IADT: a. Regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status; Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active service. However, the current separation regulation states RC Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IADT, been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was ordered to IADT, he completed 5 months and 2 days of active service, and he was awarded an MOS; following separation, he returned to the ARNG. It would be appropriate to consider his character of service as honorable, given current guidance, and in the interest of equity. c As such his DD Form 214 should be corrected to show missing entries in: * (Type of Separation) – “Release from ADT” * (Character of Service) – “Honorable” * (Separation Authority) – “Army Regulation 635-200 (Personnel Separations – Enlisted Personnel)” * (Narrative Reason for Separation) – “Completion of Active Duty Training” BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicants statement, his military record of service, and documents provided by the applicant. The Board determined regulatory guidance indicates that USAR and ARNG Soldiers are granted an honorable discharge if they complete their active duty training, receive an MOS and are returned to their units. Therefore, the Board agreed that the applicant’s discharge should be upgraded to “Honorable”. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 amending the following items on his DD Form 214, dated 1 November 1991: * (Type of Separation) – “Release from ADT” * (Character of Service) – “Honorable” * (Separation Authority) – “Army Regulation 635-200 (Personnel Separations – Enlisted Personnel)” * (Narrative Reason for Separation) – “Completion of Active Duty Training” 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, USC, 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 Army Board for Correction of Military Records (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 of his separation, stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect, prescribes the transition processing function of the military personnel system. The regulation contains guidance in stating for block 24 (Characterization of Service) 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 IADT the character of service is honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003015 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200003015 5 ABCMR Record of Proceedings (cont) AR20200003015 4