ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 December 2020 DOCKET NUMBER: AR20200003371 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 November 2002 to show his service was characterized as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record Under the Provisionsof Title 10, U.S. Code, Section 1552), dated 3 February 2020 .DD Form 214, for the period ending 27 November 2002 .Orders Number 291-105, issued by Headquarters, U.S. Army Air DefenseArtillery Center and Fort Bliss, Fort Bliss, Texas on 18 October 2002 .United States Postal Service (USPS) Military Buy Back (MBB) request responseletter, dated 11 July 2017 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, in effect, he completed his advanced individual training (AIT)but was not present during graduation and didn't receive a diploma or certificate ofcompletion. 3.The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on26 January 2002. He entered initial active duty for training (IADT) on 24 July 2002, forthe purpose of completing his initial entry training. His record indicates he completedinitial entry training on 27 November 2002, was awarded military occupational specialty(MOS) 88M (Motor Transport Operator), and was released from active duty (REFRAD). 4.The applicant was REFRAD on 27 November 2002, under the provisions of ArmyRegulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon thecompletion of his initial entry training. The DD Form 214 he was issued shows confirms he was awarded MOS 88M and his service during this period was uncharacterized. Upon his REFRAD, he was returned to the control of his PRARNG unit. 5.The applicant was ordered to active duty for CONUS (Continental United States)support of Operation Noble Eagle, during the period 13 February 2003 through16 January 2004. He was honorably REFRAD on 16 January 2004 and was returned tothe control of the PRARNG. 6.The applicant reenlisted in the PRARNG on 10 November 2004. He was ordered toactive duty for in support of Operation Iraqi Freedom, during the period 19 January 2006through 8 April 2007. He served in Kuwait/Iraq from 15 March 2006 through 7 March2007. He was honorably REFRAD on 8 April 2007 and was returned to the control ofthe PRARNG. 7.The applicant was ordered to active duty for in support of Operation EnduringFreedom, during the period 13 January 2011 through 17 March 2012. He served inAfghanistan from 9 March 2011 through 3 January 2012. He was honorably REFRADon 17 March 2012 and was returned to the control of the PRARNG. 8.The applicant reenlisted in the PRARNG for an indefinite period on 3 October 2016. 9.Soldiers are considered to be in an entry-level status when they are within their first180 days of active duty service. The evidence of record shows the applicant was in anentry-level status at the time of his release from ADT. 10.An uncharacterized separation is an entry-level separation; for Soldiers ordered toinitial ADT, entry-level status terminates 180 days after beginning training. However,current guidance states Reserve Component (RC) Soldiers completing active duty thatresults 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 ofARNG Alternate Training Program or U.S. Army Reserve (USAR) Split TrainingProgram) will receive a character of service of honorable unless directed otherwise bythe separation approval authority. BOARD DISCUSSION: The available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, the Board determined that, based on current guidance and in the interest of equity, the characterization of service should read honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 his DDForm 214 for the period ending 27 November 2002 to show his character of service was 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 a DD Form 214 would be prepared for personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the ARNG of the U.S. (ARNGUS) and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training (IADT) that resulted 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 Solders 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 5-6x(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. //NOTHING FOLLOWS//