ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 September 2019 DOCKET NUMBER: AR20170014719 APPLICANT REQUESTS: her date of discharge be listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Discharge Orders 02-030-019 • 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 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: • she was honorably discharged from the U.S. Army Reserve (USAR) on 30 January 2002 • currently, lines 23 (Type of Separation) and 24 (Character of Service) on her DD Form 214 are listed but has “uncharacterized” entered • this has not been an issue since the DD Form 256A was accepted at most private agencies with his DD Form 214 • she has a DD Form 256A (Honorable Discharge Certificate) but government agencies will only take it into account if it is listed on her DD Form 214 3. The applicant provides his DD Form 214 and discharge orders 02-030-019. 4. A review of the applicant’s service record shows: a. She enlisted in the U.S. Army Reserve for 8 years on 13 November 1992. b. She entered active duty for training (ADT) on 3 March 1993. She completed required training and was awarded military occupational specialty 51K (Plumber). c. She was released from ADT to the control of his Reserve unit on 9 July 1993. Her DD Form 214 shows she completed 4 months and 7 days of active service. It also shows in: • item 24 (Character of Service): Uncharacterized • Item 25 (Separation Authority): Army Regulation (AR) 635-200 (Personnel • Separations – Enlisted Personnel), Chapter 4 (Discharge or release from the active Army upon termination of enlistment, and other periods of active duty or active duty for training) • item 28 (Narrative Reason for Separation): Completion of Active Duty for Training d. Orders 02-030-019, dated 30 January 2002, published by Headquarters, U.S. Army 77th Regional Support Command, Fort Totten, Flushing, NY, that shows he: • was honorably discharged from the USAR effective 30 January 2002 • was issued a DD Form 256A • was held beyond normal discharge date 5. By AR 635-200, a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. For Army National Guard and Army Reserves Soldiers who successfully complete a period of IADT (initial active duty training) to which ordered, the service of Soldiers specified in this paragraph, who are in entry level status will be uncharacterized, even though they have completed their IADT successfully. 6. By regulation (AR 635-200), chapter 3 describes the different types of characterization of service. A separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances: a. When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. 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. c. For ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR. It terminates for: • Soldiers ordered to ADT for a continuous period - 180 days after beginning training • Soldiers ordered to ADT for the split or alternate training option - • 90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. She enlisted in the USAR, was ordered to active duty for training, and was transferred to her USAR unit. The period of her active duty for training is recognized with a DD Form 214. She continued to serve in the USAR until her discharge. The Board agreed her discharge from the USAR was after the period covered by the DD Form 214; therefore, the date she was released from active duty is correct. The Board did note she completed a period of active duty while conducting initial entry training (IET). She 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 her character of service as honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 9 July 1993 by showing her character of service as Honorable. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing her separation date on the DD Form 214. CHAIRPERSON Signed by: STANSBURY.BARBARA.1245179614 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 635-200 (Personnel Separations) describes the different types of characterization of service. Chapter 3 of the version in effect at the time stated a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances: a. When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case. b. 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. c. For ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR. It terminates for: • Soldiers ordered to ADT for a continuous period - 180 days after beginning training • Soldiers ordered to ADT for the split or alternate training option - 90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II 3. Army Regulation 635-200, paragraph 3-7a, provides that 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. 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) AR20170014719 ABCMR Record of Proceedings (cont) AR20170014719 1 3 1