ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 May 2021 DOCKET NUMBER: AR20210006835 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 December 1998, to show her service was characterized as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 23 June 2020 . DD Forms 214, for the periods ending 9 December 1996, 11 December 1998, and 16 January 2004 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 she is applying for a Military Service Deposit and was told her DD Form 214, for the period ending 11 December 1998, could not be used for that purpose because her service was uncharacterized. Her training lasted 62 weeks (10 weeks in the 91B course and 52 weeks in the 91K course). After she completed training, she served in the U.S. Army Reserve (USAR) until 2004, including a 12-month activation in 2003. She is currently working at the Oklahoma City Veterans Affairs Health Care System (HCS), in a dental health care capacity. 3. The applicant enlisted in the USAR on 22 June 1993. She entered active duty for training (ADT) on 15 June 1994, for the purpose of completing her initial entry training. Her record indicates she completed her initial entry training on 9 December 1996, was awarded military occupational specialty (MOS) 31C (Single Channel Radio Operator), and was released from active duty (REFRAD) and returned to the control of the USAR. 4. The applicant was REFRAD on 9 December 1996. The DD Form 214 she provides does not indicate what provision she was released under; however, it does confirm she completed training and was awarded MOS 31C. 5. The applicant was ordered to ADT on 13 October 1997. She was REFRAD on 11 December 1998, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon the completion of training. The DD Form 214 she was issued shows she completed one year, one month, and 29 days of net active service this period. She was awarded MOS 91K (Medical Laboratory Specialist), her character of service was uncharacterized, and the narrative reason for separation was "Completion of Required Active Duty." 6. The applicant reenlisted in the USAR on 22 June 2001. She was ordered to active duty on 17 January 2003, in support of Operation Enduring Freedom. She was honorably REFRAD on 16 January 2004, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4. The DD Form 214 she was issued shows her service was characterized as honorable and the narrative reason for separation was "Completion of Required Active Duty." 7. With respect to the applicant's request for a change in characterization: a. Regulatory guidance in effect at the time she 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 her DD Form 214 properly reflects her 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: The Board carefully considered the applicants request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, her record of service, completion of training and MOS award and the reason for her separation. After reviewing the application and all supporting documents, the Board found that relief was warranted based upon the applicant’s completion of Initial Active Duty Training. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XXX 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 reissuing the applicant’s DD Form 214 for the period ending 11 December 1998 showing her character 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 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//