IN THE CASE OF: BOARD DATE: 13 April 2021 DOCKET NUMBER: AR20210006325 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 Provisions of Title 10, U.S. Code, Section 1552), dated 7 July 2020 * DD Form 214, for the period ending 4 July 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 Military Records (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, in effect, he requests correction of his DD Form 214 because he completed basic training and advanced individual training (AIT) and he served honorably. He feels his change of command had plenty of time to see his character and he completed his term of service without any issues. He thinks his discharge may have been rushed and oversights made because he was discharged on a holiday. 3. The applicant enlisted into the Massachusetts Army National Guard (MAARNG) on 5 November 1996. He entered active duty for training (ADT) on 5 February 1997, for the purpose of completing his initial entry training. His record indicates he completed his initial entry training on 4 July 1997, was awarded a military occupational specialty (MOS), was released from active duty (REFRAD), and was returned to the control of the MAARNG. 4. The applicant was REFRAD on 4 July 1997, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon the completion of his initial entry training. The DD Form 214 he was issued shows he completed five months of net active service this period; he was awarded MOS 68H (Aircraft Pneudraulics Repairer); his service was uncharacterized; and the narrative reason for separation was "Completion of Required Active Service." 5. The applicant was discharged from the MAARNG on 15 January 2001. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued shows he was discharged under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26e, by reason of misconduct. He was credited with completing four years, two months, and 11 days of total active service. His service was characterized as under honorable conditions. 6. Orders Number D-11-243788, issued by the U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO on 5 November 2002, honorably discharged the applicant from the U.S. Army Reserve, effective 5 November 2002. 7. 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 an uncharacterized 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 was awarded 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: Based on documentation available for review, the Board found sufficient evidence to grant relief. The applicant completed IADT, was awarded an MOS and, in accordance with current regulation, would have been issued an honorable discharge. In the absence of evidence indicating any other character of service having been directed and in the interest equity, the Board found that the applicant should be issued a new DD214 reflecting his character of service as 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 applicant’s DD Form 214 for the period ending 4 July 1997 to reflect 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy 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 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// ABCMR Record of Proceedings (cont) AR20210006325 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210006325 4 ABCMR Record of Proceedings (cont) AR20210006325 3