ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 October 2019

	DOCKET NUMBER:  AR20170010070


APPLICANT REQUESTS:  

*	upgrade of his uncharacterized discharge character of service to honorable
*	issuance of a DD Form 214 (Certificate of Release or Discharge from Active 
Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for Review of Discharge from the Armed Forces of 
the United States)
*	NGB Form 22 (Department of the Army and the Air Force - National Guard 
Bureau Report of Separation and Record of Service)

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 his DD Form 214, line 24 shows character of services 
includes upgrade:  uncharacterized which is wrong.  He has orders D-07-456367 
that shows type of discharge:  honorable even from 22 line 24.

3.  A review of the applicant’s service records shows:

	a.  He enlisted in the Texas Army National Guard (TXARNG) and U.S. Army 
Reserve (USAR) on 29 February 1988 for a period of 8 years.

	b.  He entered active duty for training (ADT) on 7 March 1988.  He was released 
from ADT on 7 July 1988 and transferred to the control of the ARNG.  He completed 
required 8-weeks training and was awarded military occupational specialty 88M 
(Motor Transportation Operator).

	c.  His DD Form 214 shows he was released from ADT in accordance with 
chapter 4 of Army Regulation 635-200 (Personnel Separations) due to completion of 
his required active service with an uncharacterized character of service.  He 
completed 4 months, and 1 day of active service.  He was awarded or authorized:

*	Army Service Ribbon
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Grenade Bar

	d.  His NGB Form 22 shows he was honorably discharged from the U.S. ARNG 
and TXARNG on 28 February 1994.  He completed 6 year and 2 days of net service.

	e.  Orders Number 58-104, issued on 28 March 1994, shows he was honorably 
discharged from the ARNG and assigned to the Ready Reserve USAR Control 
Group (Annual Training).

	f.  Orders Number D-07-0456367, issued by U.S. Army Reserve Personnel 
Center on 12 July 1994, shows he was honorably discharged from the USAR.

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty.  It provides a brief, clear-cut record of all 
current active, prior active, and prior inactive duty service at the time of release from 
active duty, retirement, or discharge.  The information entered thereon reflects the 
conditions as they existed at the time of separation.  Reserve service is not active 
duty.

5.  By regulation (AR 635-200), a separation will be described as entry level with 
uncharacterized service if the Soldier has less than 180 days of continuous active 
duty service at the time separation action is initiated.  The service of Soldiers 
specified in this paragraph who are in entry level status will be uncharacterized, 
even though they have completed their initial active duty training (IADT).

6.  In reaching its determination, the Board can 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 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 
ARNG.  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 7 July 1988 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 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.  Army Regulation 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The DD Form 214 is a 
summary of a Soldier's most recent period of continuous active service.  It provides 
a brief, clear-cut record of active duty service at the time of release from active duty, 
retirement, or discharge, and is not intended to have any legal effect on termination 
of a Soldier's service.  A DD Form 214 will be prepared for each Soldier including:

	a.  Active Army Soldiers on termination of active duty by reason of administrative 
separation (including separation by reason of retirement or expiration of term of 
service), physical disability separation, or punitive discharge under the Uniform Code 
of Military Justice.

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous 
ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of 
active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for 
cause or physical disability regardless of the length of time served on active duty.

	c.  RC Soldiers completing initial ADT that results in the award of an MOS even 
when the active duty period was less than 90 days.  This includes completion of AIT 
under the ARNG of the United States Alternate Training Program or USAR Split 
Training Program.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010070

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