BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000177 BOARD VOTE: _____x____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000177 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: a. deleting the current entry from item 24 of his DD Form 214 and adding the entry "Honorable"; b. voiding the "Official Statement of Service" issued by the Chief, Veterans Support Branch, Personnel Support Division, U.S. Army Human Resources Command, St. Louis, MO, in a memorandum, dated 5 December 2006; and c. issuing discharge orders and a DD Form 256A (Honorable Discharge Certificate) showing he was honorably discharged from the U.S. Army Reserve Control Group (Reinforcement) effective 20 January 2005, the end date of his military service obligation. ______________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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000177 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his characterization of service recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and correction of his records to show he was discharged from the U.S. Army Reserve (USAR). 2. The applicant states he enlisted in the USAR and he was ordered to active duty for training (ADT). He completed basic training and advanced individual training. He was released from ADT and issued a DD Form 214 showing the period of his ADT service was "uncharacterized." He transferred to the USAR Individual Ready Reserve (IRR), but he was never discharged from the USAR. He states that he wants to enlist in the California Army National Guard (CAARNG); however, the "uncharacterized" service and not having separation/discharge orders is preventing him from enlisting in the CAARNG. 3. The applicant provides copies of his DD Form 214, two orders (he lists four orders on his application), and two letters. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the USAR on 21 January 1997 for a period of 8 years. This established his military statutory obligation (MSO) as 20 January 2005. He was ordered to active duty on 25 February 1997. 3. Orders issued by Headquarters, U.S. Army Engineer Center and Fort Leonard Wood (USAEC&FLW), Fort Leonard Wood, MO, pertaining to the applicant, show: a. Orders 101-624, dated 11 April 1997, released him from attachment to Company D, 2nd Battalion, 10th Infantry, 3rd Training Brigade, USAEC&FLW, and attached him to Company B, 58th Transportation Battalion, 1st Engineer Brigade, USAEC&FLW, effective 1 May 1997, for training in military occupational specialty (MOS) 88M (Motor Transport Operator); and b. Orders 143-643, dated 23 May 1997, awarded him MOS 88M, effective 13 June 1997. 4. The applicant's DD Form 214 shows he entered ADT on 25 February 1997, was released from ADT on 13 June 1997, and transferred to a USAR unit. He completed 3 months and 19 days of net active service this period and he had 1 month and 4 days of total prior inactive service. It also shows in: * item 6 (Reserve Obligation Termination Date): 2 [sic] January 2005 * item 9 (Command To Which Transferred): 250th Transportation Company, El Monte, CA * item 11 (Primary Specialty): 88M1O, Motor Transport Operator * item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * item 14 (Military Education): Motor Transport Operator Course, 6 weeks, June 1997 * item 23 (Type of Separation): Release from ADT * item 24 (Character of Service): "Uncharacterized" * item 28 (Narrative Reason for Separation): Completion of Required Active Service * item 29 (Dates of Time Lost During This Period): None 5. Headquarters, U.S. Army 63rd Regional Support Command, Los Alamitos, CA, Orders 087-38, dated 28 March 1998, released the applicant from the 250th Transportation Company, South El Monte, CA, and reassigned him to the USAR Control Group (Annual Training), effective 28 March 1998. These orders show, in pertinent part: "Reason: IRR – Unsatisfactory Participant." 6. U.S. Army Human Resources Command, St. Louis, MO, memorandum, dated 5 December 2006, shows the Chief, Veterans Support Branch, Personnel Support Division, issued an "Official Statement of Service" pertaining to the applicant's service showing: * Branch of Service: U.S. Army * Reserve Service: 21 January 1997 through 24 October 2000 * Dates of Active Duty: 25 February 1997 through 13 June 1997 * Character of Service: Uncharacterized * Reenlistment Eligibility Code: Not Applicable * Reason for Discharge: Unsatisfactory Entry Level Status Performance or Conduct The explanation shown on this memorandum was the aforementioned data was submitted to the Defense Manpower Data Center. 7. A review of the applicant's military service records failed to reveal a copy of a certificate or orders discharging him from the USAR at the end of his MSO. 8. On 12 September 2010, the applicant submitted an application to the Army Discharge Review Board (ADRB) pertaining to the characterization of his service. On 25 May 2011, the ADRB determined that the reason for his separation and the character of his service were both proper and equitable. Accordingly, the ADRB denied the applicant relief. 9. In support of his application the applicant provides the following documents: * his DD Form 214 and two orders (previously summarized) * ADRB memorandum, dated 15 June 2011, notifying him the ADRB determined he was properly and equitably discharged (on 13 June 1997) * National Personnel Records Center, St. Louis, MO, memorandum, dated 2 November 2012, showing he was provided a complete copy of his military service records REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of the applicant's separation from ADT, provides the basic authority for the separation of enlisted personnel. Chapter 3 (Character of Service/Description of Separation), paragraph 3-7a states an honorable characterization may be awarded to a Soldier upon completion of his or her period of enlistment or period for which called to active duty or ADT, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from ADT, prescribed the policies and procedures regarding separation documents. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. 3. Army Regulation 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) establishes policies, standards, and procedures governing the administrative separation of members of the Army National Guard of the United States (ARNGUS) and the USAR. a. The service of all Soldiers is characterized when they are separated from the U.S. Army and its Reserve Component. Discharge certificates are issued to Soldiers whose service is characterized as honorable. An 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 military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. A DD Form 256A (Honorable Discharge Certificate) will be awarded. b. At the time the Commander, U.S. Army Reserve Personnel Center (ARPERCEN) was authorized to order separation or release from the custody and control of the military the Soldiers under his or her jurisdiction serving in the Individual Mobilization Augmentation program, or assigned to the IRR, The Standby Reserve, and the Retired Reserve. (Currently, the U.S. Army Human Resources Command is the order issuing agency for members of the USAR.) c. Orders directing discharge will be issued as prescribed in Army Regulation 310-10 (Military Orders). d. A discharge for the purpose of complete separation from military service terminates the Soldier’s statutory military obligation on the effective date of the discharge. 4. Army Regulation 310-10 (Military Orders) covers policy and procedures for preparing and issuing orders for military personnel and units. This regulation applies to publishing and distributing orders for Active Army and USAR units and personnel; and members of the ARNGUS. 5. Title 10, U.S. Code, section 1168 provides that a discharge certificate or certificate of release from active duty will be given to each Soldier of the Army on discharge from the Service or release from active duty. DISCUSSION: 1. The applicant enlisted in the USAR on 21 January 1997 for a period of 8 years. The expiration date of his MSO was established as 20 January 2005. 2. He was ordered to ADT on 25 February 1997. Upon his release from ADT (on 13 June 1997), he had successfully completed his initial entry training and he was credited with 3 months and 19 days of net active service. He was awarded MOS 88M. At the time the governing regulation authorized an "honorable" characterization of service upon completion of ADT or for the period for which called to active duty for members of the Army Reserve and ARNGUS. 3. Orders show the applicant was released from his USAR unit on 28 March 1998 based on unsatisfactory participation and transferred to the USAR Control Group (Annual Training) to complete his MSO. a. An "Official Statement of Service", issued on 5 December 2006, shows his Reserve service terminated on 24 October 2000. It also shows he was discharged based on "Unsatisfactory Entry Level Status Performance or Conduct." There are no orders in his record to support this statement concerning his USAR service. b. As there are no orders or other evidence showing the applicant was discharged from the USAR prior to his MSO of 20 January 2005, it would appear appropriate to issue him discharge orders and a discharge certificate showing he was administratively discharged on his MSO obligation end date. c. By regulation orders must be issued to discharge or separate a Soldier. The "Official Statement of Service" appears to be an informal statement of service that was prepared and forwarded to the Defense Manpower Data Center. If the aforementioned corrections are completed as required by regulation, then this statement serves no purpose and could be administratively voided for it would then contain inaccurate information. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000177 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000177 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2