ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 August 2019 DOCKET NUMBER: AR20160019632 APPLICANT REQUESTS: an upgrade to his uncharacterized discharge to an honorable discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 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 he knows the uncharacterized refers to active duty time, but it does not represent reserve time. He successfully completed requirements for reserve duty and his DD 214 (Certificate of Release or Discharge from Active Duty) should reflect his honorable discharge service. 3. A review of the applicant’s service record shows: a. Having had prior service in the Army Reserves, he was ordered to active duty for basic training on 6 November 1992 at 43rd Army Adjutant General Battalion (Reception), Fort Leonard Wood, MO and advanced individual training (AIT) at Army Training Center and Fort Jackson, Fort Jackson, SC with a reporting date of 22 January 1993 as per orders 184-2, dated 19 September 1992. b. He reported to Fort Jackson, SC on 23 January 1993 as per orders 4-111, dated 4 January 1993. c. His DD Form 214 shows he was released from active duty for training on 1 April 1993. He holds the Military Occupational Specialty of Personnel Records Specialist. He was released under the provisions of Army Regulation (AR) 635-200 Personnel Separation – Enlisted Personnel, Chapter 4, for completion of term or service, SPD - LBK – expiration of term of Service. His charter of service is uncharacterized. He had 4 months and 23 days of active service this period. He completed AIT at Fort Jackson, SC and was returned to his home unit, Headquarters and Headquarters Company Training Group, 98th Division (Training), Rochester, NY. It also shows he was awarded or authorized the: * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Badge Rifle (M-16) * Expert Marksmanship Badge Grenade d. He had unexcused absences as shown on the letters of instruction from the immediate commander, HQ, TSB, 98th Division (Training), Rochester, NY stating that he was absent from scheduled unit training or multiple unit training assembly on: * 15 July 1994, he acknowledged receipt of notification of 4 unexcused absences on 15 July 1994 * 21 July 1994, he acknowledged receipt of notification of 5 unexcused absences on 22 July 1994 * 20 October 1994, he acknowledged receipt of notification of 6 unexcused absences on 24 October 1994 * 3 November 1994, he acknowledged receipt of notification of 7 unexcused absences on 4 November 1994 * 17 November 1994, he acknowledged receipt of notification of 7 unexcused absences on 18 November 1994 * 1 December 1994, he acknowledged receipt of notification of 8 unexcused absences on 2 December 1994 * 8 December 1994, he acknowledged receipt of notification of 9 unexcused absences on 10 December 1994 * 10 December 1994, he acknowledged receipt of notification of 11 unexcused absences on 12 December 1994 e. Headquarters, 98th Division, Rochester, NY, Orders 146-056, dated 13 September 1994, shows he was ordered to annual training with a reporting date of 11 September 1994. f. The conversation record, dated 8 December 1994, shows the administrative supervisor attempted to contact the applicant to gather details on his absences; however, no contact was made and therefore, the administrative supervisor left a recorded message for him to contact his unit. Another attempt was made and the administrative supervisor spoke with his mother and was told that he was at work. Again, he requested that the applicant call his unit. Action required, the applicant was given an unsatisfactory for drills on 1 December and 8 December 1994. g. The commander, by letter, on 27 December 1994, notified the applicant that he accumulated nine unexcused absences within a one-year period. He carefully considered his complete file and any reasons submitted for being absent, and decided not to excuse the absences. He was declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR) for the balance of your service obligation. He was not required or authorized to attend any future unit meetings or annual training. The applicant offered no cogent or emergency reason which prevented him from attending the drill, therefore he determined the 9th absence to be unexcused. h. He was reassigned in the Army Reserve Personnel Center, Control Group, St. Louis, MO effective 25 January 1995 for unsatisfactory participation as per Orders 003-106, dated 25 January 1995, and Army Regulation 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers), paragraph 4-10a 4. By regulation, a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. Paragraph 3-9 states the Secretary of the Army, 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. Paragraph 4-4, characterization of service states that a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and service is uncharacterized. 5. There is no evidence the applicant has applied to the Army Discharge Review Board (ADRB) for review of his discharge within that board's 15-year statute of limitations. 6. The Board should consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. He 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 USAR. 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 him a DD Form 214 for the period ending 1 April 1993 showing his character 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 Army Board for Correction of Military Records (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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160019632 5 1