ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20170011918 APPLICANT REQUESTS: to complete DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by entering the characterization of service into item 13a (Character of Service). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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. He went to the Veterans Service Office to apply for benefits and discovered his character of discharge was never entered in on his DD Form 214. He served honorably during his enlisted time and then was transferred to the ARNG for the remainder of his obligation. He was given an honorable discharge from the U.S. Army Reserves (USAR). 3. A review of the applicant’s service record shows: a. DD Form 4 (Enlistment Record – Armed Forces of the United States), item 32 (Prior Service) shows he served in the ARNG from 28 May 1953 to 27 May 1956 and 28 May 1956 to 27 May 1959. He was honorably discharged for both periods due to expiration of term of service. On 28 May 1959, he reenlisted in the Wisconsin NG. b. On 10 August 1962, he was discharged from active duty under the provisions of AR 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government), paragraph 12c (Release from military control). Item 13a (Character of Service) was left blank and item 13b (Type of Certificate Issued) stated “None.” His DD Form 214 reflects he completed 9 months and 26 days of active service. c. VA Form 07-3101 (Request for Information), dated 7 March 1967, an adjudication officer for the Veterans Administration Regional Office requested health records and the character of separation or discharge. On 23 May 1967, the endorsement was returned stating the applicant had been honorably released. The endorsement is signed “Quinn”, did not identify the title of verifying official. 4. By regulation (635-5), DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. 5. By regulation (635-205), an individual released from active duty and transferred to the Army Reserve component (USAR or NG) “For convenience of the Government” will be furnished a Certificate of Service (DD Form 217A) and an Armed Forces of the United States Report of Transfer or Discharge (DD Form 214). An honorable discharge certificate or other type of discharge certificate based upon the character of service rendered, will be given. Appendix III directs one of the following in should be entered in capital letters when completing DD Form 214: “HONORABLE”, “UNDER HONORABLE CONDITIONS”, “UNDER OTHER THAN HONORABLE CONDITIONS” or “DISHONORABLE”. When an enlisted person is transferred or returned to a Reserve component, entire either “HONORABLE” or “UNDER HONORABLE CONDITIONS”, whichever is appropriate. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, the Board agreed to grant full relief, with the addition of an Honorable Discharge Certificate. 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 10 August 1962 showing his character of service as Honorable, and that he was issued a DD Form 256A. 7 October 2019 X CHAIRPERSON Signed by: 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 (Personnel Separation – Separation Documents), in effect at the time, states DD Form 214 (Certificate of Release or Discharge from Active Duty) will be prepared for all personnel at the time of their retirement, discharge, or release from Active Army. Personnel included are members of the Army National Guard and the U.S. Army Reserve separated after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. a. Appendix III (Instructions for the Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge (DD Form 214)), paragraph 1e(16) (Item 13a) (Character of Service), directs one of the following in should be entered in capital letters when completing DD Form 214: “HONORABLE”, “UNDER HONORABLE CONDITIONS”, “UNDER OTHER THAN HONORABLE CONDITIONS” or “DISHONORABLE”. When an enlisted person is transferred or returned to a Reserve component, entire either “HONORABLE” or “UNDER HONORABLE CONDITIONS”, whichever is appropriate. b. Appendix III, paragraph 1e(17) (Item 13b) (Certificate Issued), directs the form number of the certificate issued (other than DD Form 214), e.g., “DD Form 257A (General Discharge Certificates)”, “DD Form 256A (Honorable Discharge Certificate)”, ect. In cases where no formal certificate is authorized to be issued, enter “None.” 3. Army Regulation 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government), paragraph 12c (Release from military control), in effect at the time, states an individual released from active duty and transferred to the Army Reserve component (USAR or NG) “For convenience of the Government” will be furnished a Certificate of Service (DD Form 217A) and an Armed Forces of the United States Repot of Transfer or Discharge (DD Form 214). An honorable discharge certificate or other type of discharge certificate based upon the character of service rendered, will be given. 4. Army Regulation 635-200 (Personnel Separations – General Provisions for Discharge and Release), paragraph 7 (Report of Separation from the Armed Forces of the United States (DD Form 214)), in effect at the time, states individuals who are discharged or released from active duty will, in addition to a discharge certificate or a Certificate of Service be furnished a factual record of military service rendered, the character and duration thereof, and the type of separation on DD Form 214, except that enlisted members of the Reserve components order to active duty for a period of 90 days or less, other than those separated or retired for disability, will not be furnished a DD Form 214. //NOTHING FOLLOWS//