IN THE CASE OF:  

BOARD DATE:  30 October 2020

DOCKET NUMBER:  AR20200003217


APPLICANT REQUESTS:  An upgrade of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), dated 11 July 1992, 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
*	Enlistment Contract
*	DA Form 4187 (Personnel Action)
*	DA Forms 1059 (Service School Academic Evaluation Report (AER)) x2
*	Orders 135-33, dated 15 May 1995

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 obtained copies of his official military personnel record and 
discovered that his service was listed as "Uncharacterized."  He has no reason to 
believe that his service would be characterized as anything other than honorable.  He 
enlisted in the U.S. Army Reserve (USAR) in February 1992 and he was trained in 
military occupational specialties (MOS) 71L (Administrative Specialist) and MOS 38A 
(Civil Affairs Specialist).

3.  The available evidence shows the applicant enlisted in the USAR for a period of 
8 years on 13 February 1992, in the rank of private/pay grade E-3. 

4.  His Personnel Qualification Record, shows Orders 30-4, Military Entrance 
Processing Station (MEPS), Syracuse, NY, dated 13 February 1992, ordered him to 
initial active duty for training (IADT) for 14 weeks.


5.  The DD Form 214 he was issued shows he entered IADT from 25 March to
11 July 1992.  He completed the training requirements and he was awarded MOS 71L 
and he was released from IADT to the control of the USAR.  He completed 3 months 
and 17 days of creditable active service.  His DD Form 214 also show in:

*	(Grade, Rate or Rank) – PFC
*	(Pay Grade) – E-3
*	(Effective Date of Pay Grade) – 13 February 1992
*	(Type of Separation) – Released from IADT
*	(Character of Service) – Uncharacterized
*	(Separation Authority) – Army Regulation (AR) 635-200 (Personnel Separations 
– Enlisted Personnel), Chapter 4 
*	(Separation Code) – LBK
*	(Narrative Reason for Separation) – Expiration Term of Service

6.  The applicant provides:

     a.  DA Forms 4187 showing he was advanced to specialist four (SPC)/E-4, effective 
13 February 1993 [after he was discharged from active duty]. 

      b.  Two AER’s showing he completed:

*	The Civil Affairs Specialist Course, Phase I, from 19 February to 8 May 1994
*	Primary Leadership Development Course (PLDC) from 14-28 May 1994

      c.  Orders 135-33, dated 15 May 1995, confirming he was voluntarily transferred to 
the USAR Control Group (Reinforcement), effective 15 May 1995, in the rank of SPC.

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 duty.  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 
3 months and 17 days of active service, and he was awarded an MOS; following 
separation, he returned to the USAR.  Although, based on then-regulatory guidance, his 
DD Form 214 properly reflects a characterization of "uncharacterized," it would be 
appropriate to consider his character of service as honorable, given current guidance, 
and in the interest of equity.

9.  His DD Form 214 shows he was advanced to E-3 on 13 February 1992, the date of 
his enlistment into the USAR.  The DA Form 4187 that he provided shows he was 
advanced to SPC/E-4, effective 13 February 1993, after his discharge.  He never held 
the rank of SPC, the MOS of 38A, nor did he attend PLDC while attending IADT.  

10.  Although his DD Form 214 properly reflects his characterization of service as 
"uncharacterized" in accordance with regulatory guidance in effect at the time, effective 
1 March 2014 regulatory guidance changed and provides an entry level Soldier who 
complete IADT and are awarded an MOS will be given an honorable discharge; unless 
other characterization is directed by the separation authority; based on this and in the 
interest of equity the characterization of service should be honorable. 

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 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.
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 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, 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 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)	 AR20200003217


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ABCMR Record of Proceedings (cont)	AR20200003217


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