IN THE CASE OF:  BOARD DATE:  31 December 2020 DOCKET NUMBER:  AR20200003363 


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 14 May 1990, to show his service was characterized as honorable.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 293 (Application for the Review of Discharge from the Armed Forces ofthe United States), dated 19 February 2020

.DD Form 256A (Honorable Discharge Certificate), dated 21 October 1997



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, U.S.Code (USC), Section 1552 (b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states he received an honorable discharge on 21 October 1997.  Hehas enclosed this discharge certificate.  He would like to have his servicecharacterization upgraded to honorable.  He is an outstanding citizen and this would begreatly appreciated.

3.The applicant enlisted in the U.S. Army Reserve (USAR) on 18 October 1989.

4.The applicant entered initial active duty for training (IADT) on 17 January 1990.  Hecompleted his period of IADT, was awarded military occupational specialty (MOS) 76V(Material Storage and Handling Specialist), and was released from active duty(REFRAD).

5.The applicant was REFRAD on 14 May 1990 and returned to the control of hisUSAR unit of assignment.  The DD Form 214 he was issued shows he completed fivemonths and 14 days of active service and his service was uncharacterized.  Thenarrative reason for separation was "Expiration Term of Service."



6.With respect to the applicant's request for a change in characterization:

a.Regulatory guidance in effect at the time he was separated provided that anuncharacterized separation was an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminated 180 days after beginning training.  However, current guidance provides that Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period is less than 90 days (for example, completion of the advanced individual training component of Army National Guard of the U.S. (ARNGUS) Alternate Training Program or USAR Split Training Program), will receive a character of service of honorable unless directed otherwise by the separation approval authority. 

b.The available evidence shows the applicant completed a period of ADT and wasawarded an MOS.  Although his DD Form 214 properly reflects his characterization of service as entry level status in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity, the characterization of service should read 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. 
X CHAIRPERSON


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 militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that were prepared for individuals upon retirement, discharge, orrelease from active military service or control of the Army.  It established standardizedpolicy for preparing and distributing DD Form 214.  Paragraph 1-4 provided that aDD Form 214 will be prepared for the personnel listed below at the time of theirretirement, discharge, or release from the Active Army.  Personnel included aremembers of the ARNGUS and USAR separated after completing 90 days or more ofcontinuous ADT, and those separated after completing initial active duty for training thatresulted in the award of an MOS, even though the active duty was less than 90 days.

3.Army Regulation 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.

a.Paragraph 5-1f states that a DD Form 214 will be prepared for RC Soldierscompleting 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 5-6x(1) 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." 


 
4.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 described the different characterizations of service. 
   a.  Paragraph 3-7a states that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier'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 Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. 
  
 b.  Paragraph 3-9, of the regulation in effect at the time of his separation, stated that a separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except in the following circumstances: 
 
 (1)  when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or 
 
 (2)  when the Secretary of the Army, on a case-by-case basis, determines that an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 
 
 c.  Section  II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT. 
 
5.  Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), effective 19 January 2004, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 describes the different characterizations of service.  Paragraph 3-9a (Entry-level-status separation) provides that 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:  
 
 a.  characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case;  
 
 b.  the Secretary of the Army, on a case-by-case basis, determines that a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or 
 
 c.  the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. 
 
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