ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20170014349


APPLICANT REQUESTS:  an upgrade to his uncharacterized discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Reserve Discharge Order
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Personnel Records Center

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 applicants states he needs the status of his uncharacterized discharge to be changed to honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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

	a.  He enlisted in the U.S. Army Reserves (USAR) on 13 April 1989.

   b.  He was ordered to active duty for training (ADT) on 25 April 1989.  He completed required training and he was awarded military occupational specialty 76Y (Unit Supply Specialist). 

	c.  He was released from ADT on 24 August 1989 to the control of his USAR unit.  His DD Form 214 shows he was released from ADT in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), due to expiration term of service with an uncharacterized characterization of service.  He completed 4 months of active service. 

	d.  USAR Personnel Center Orders D-04-728482, dated 15 April 1987, show he was honorably discharged from the USAR on 15 April1997

	e.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations.

4.  By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days.  A DD Form 214 will be issued to Reserve Component upon the completion of ADT resulting in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under Army National Guard (ARNG) Alternate Training Program or U. S. Army Reserve Split Training Program.

5.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review.  For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training.  Additionally, the service of Soldiers in entry-level status is normally described as uncharacterized.

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 

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 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 24 August 1989 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.  Army Regulation (AR) 635-5 (Separation Documents) states:

   a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days, to include attendance at basic and advanced individual training, and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

   b.  A DD Form 214 will be issued to Reserve Component upon the completion of IADT resulting in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under Army National Guard of the United States Alternate Training Program or U. S. Army Reserve Split Training Program.

   c.  Enter in item 12d (Total Prior Active Service), active duty, less lost time, if any, from previously issued DD Forms 214.  

   d.  Enter in item 12e (Total Prior Inactive Service), inactive service, less lost time, in any, from previously issued DD Form s214 and/ or Enlisted Record Brief.

3.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states:

   a.  For Army National Guard of the United States (ARNGUS) and U. S. Army Reserve (USAR) Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training. (Soldiers completing Phase I Basic Training (BT) or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.)

   b.  The service of Soldiers in entry-level status is normally described as uncharacterized.

	c.  Chapter 3 describes the different types of characterization of service.  It states an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when:

	(1)  Characterization under other than honorable condition is authorized under the reason for separation, and is

	(2)  Warranted by the circumstances of the case or when 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. 

	d.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’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.

4.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014349


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