ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20160019271 APPLICANT REQUESTS: upgrade of his character of service from uncharacterized to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from The Armed Forces of the United States) * DD Form 214, (Certificate of Release or Discharge from Active Duty), period ending 13 March 1998 * NGB Form 22 (National Guard Bureau, Report of Separation and Record of Service), period ending 18 May 2001 * AHRC-PAP-T Orders D-07-427774, dated 28 July 2004 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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’s trying to get assistance through the Department of Veterans Affairs (VA). His discharge from active duty was uncharacterized, but in relation to his other two separation documents, he states one shows he was discharged under honorable conditions and the other one shows he was discharged honorably. 3. The applicant provides: a. A copy of his DD Form 214, (Certificate of Release or Discharge from Active Duty), period ending 13 March 1998, showing he was issued an uncharacterized character of service upon his completion of active duty for training. b. A copy of his NGB Form 22 (National Guard Bureau, Report of Separation and Record of Service), period ending 18 May 2001, showing he was issued a under honorable conditions (General) character of service upon his discharge from the Illinois Army National Guard (ILARNG). c. A copy of his AHRC-PAP-T Orders D-07-427774, dated 28 July 2004, issued by the U.S. Army Human Resources Command, showing he was issued an honorable character of service upon his discharge from the U.S. Army Reserve on 28 July 2004. 4. A review of the applicant’s service record shows: a. He enlisted in the ILARNG for 8 years on 26 July 1996. b. DD Form 214, period ending 13 March 1998, shows the applicant was awarded the military occupational specialty (MOS) of 88M (Truck Driver) upon his release from Active Duty for Training (ADT). He was returned to the control of the ILARNG. His DD Form 214 also shows in Item 24 (Character of Service) was issued an “Uncharacterized” character of service. He had 5 months and 1 day of active service. c. The applicant’s service record was void of documents and circumstances leading up to his discharge from the ILARNG. However, Orders 136-175, dated 16 May 2001, shows the applicant was discharged from the ILARNG on 18 May 2001. d. NGB For 22, period 18 May 2001, shows the applicant was discharged from the ILARNG and assigned to the USAR Control Group (Annual Training). The authority and reason given for his discharge was due to Unsatisfactory Participation. His NGB Form 22 also shows in Item 24 (Character of Service), the applicant was issued an under honorable conditions (General) character of service. e. AHRC-PAP-T Orders D-07-427774, dated 28 July 2004, issued by the U.S. Army Human Resources Command, showing the applicant was issued an honorable character of service upon his discharge from the U.S. Army Reserve on 8 July 2004. This period of service also completed the applicant’s military service obligation. 5. By Regulation (Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), 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. HQDA (AHRC-EPR-F), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority. 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. 6. By regulation (AR 135-178 (Army National Guard and Army Reserve, Enlisted Administrative Separations), states: a. Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status. b. 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. An honorable characterization may only be awarded a Soldier upon completion of his or her service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted. c. If a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspect of the soldier's conduct or performance of duty outweighs positive aspects of the soldier's military record. When authorized, a characterization of under honorable conditions is awarded to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 7. By regulation (AR 635-5, (Personnel Separations – Separation Documents), a DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation further states, in part: a. A DD Form 214 will be prepared, in part, for reserve component (RC) Soldiers completing 90 or more days of ADT, Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty TTAD) or Active Guard Reserve (AGR) service. b. Character of Service, enter, in part, characterization or description of service is determined by directives authorizing separation. Enter uncharacterized as applicable. c. Narrative Reason for Separation, enter, in part, based on regulatory or other authority. 8. In reaching its determination, the Board can consider the applicant's petition and her service record in accordance with the published equity, injustice, or clemency determination guidance. 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 ILARNG. 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 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 reissuing the applicant a DD Form 214 with an end date of 13 March 1998, showing 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. 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. AR 635-200, paragraph 3-9 provides 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. HQDA (AHRC-EPR-F), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority. 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. 3. AR 135-178, provides in: a. Paragraph 2-11a, service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status. b. Paragraph 2-9a, 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 Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. An honorable characterization may only be awarded a Soldier upon completion of his or her service obligation, or where required under specific reasons for separation, unless an uncharacterized description is warranted. c. Paragraph 2-9b, If a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspect of the soldier's conduct or performance of duty outweighs positive aspects of the soldier's military record. When authorized, a characterization of under honorable conditions is awarded to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 4. AR 635-5, provides a DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation further states, in part: a. A DD Form 214 will be prepared, in part, for reserve component (RC) Soldiers completing 90 or more days of ADT, Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of active duty TTAD) or Active Guard Reserve (AGR) service. b. Character of Service, enter, in part, characterization or description of service is determined by directives authorizing separation. Enter uncharacterized as applicable. c. Narrative Reason for Separation, enter, in part, based on regulatory or other authority. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20160019271 4 1