`ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 October 2019

	DOCKET NUMBER:  AR20170015492


APPLICANT REQUESTS:  an upgrade of her uncharacterized discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 there is an error, because her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) was for active duty from Basic and AIT.  
She has since continued her military duty in the MS Army National Guard and has 
completed two tours of duty and is currently in good standing with the MS ARNG.

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

	a.  She enlisted in the Army National Guard (ARNG) on 15 June 1995.

	b.  She was ordered to initial active duty for training (IADT) on 30 May 1996. 

	c.  She was released from active duty training on 5 November 1996.  Her 
DD Form 214 shows she completed 4 months and 26 days of net active service.  It 
also shows her character service as uncharacterized.

4.  There is no evidence the applicant has applied to the Army Discharge Review 
Board for review of her discharge with the Board’s 15 year statute of limitations.

5.  By regulation, Army National Guard of the United States (ARNGUS) and United 
States Army Reserve (USAR) Soldiers who successfully complete a period of initial 
active duty training (IADT) to which ordered, will out –process per AR 612-201-
(Personnel Processing).  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.  The Board should consider the applicants petition and her 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.  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 
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 her 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 5 November 1996 showing her 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.  Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), in 
effect at the time, sets forth the basic authority for the separation of enlisted 
personnel.

	a.  Paragraph 3-7a (Honorable Discharge) states that an honorable discharge is 
a separation with honor.  The honorable characterization is appropriate when the 
quality of the Soldier’s service generally has met the standards of acceptable 
conduct and performance of duty for Army personnel, or is otherwise so meritorious 
than any other characterization would be clearly inappropriate.

	b.  Paragraph 3-7b (General Discharge) states that a general discharge is a 
separation from the Army under honorable conditions   When authorized, it is issued 
to a Soldier whose military record is satisfactory but not sufficiently meritorious to 
warrant an honorable discharge.  A characterization of under honorable conditions 
may be issued only when the reason for the Soldier’s separation specifically allows 
such characterization.  It will not be issued to Soldiers upon separation at expiration 
of their period of enlistment, military service obligation or period of which called or 
ordered to active duty.

	c.  Chapter 4 states a Soldier will be separated upon expiration of enlistment or 
fulfillment of service obligation.

	d.  Paragraph 4-2 (Discharge or release from active duty upon termination of 
enlistment, and other periods of active duty or active duty for training).

	e.  Paragraph 4-2h ARNGUS and USAR Soldiers who successfully complete a 
period of IADT to which ordered, will out process per AR 612-201.  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.

	f.  Paragraph 4-4 (Characterization of Service) states 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.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015492

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