ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 July 2019 DOCKET NUMBER: AR20170015736 APPLICANT REQUESTS: a change of his character of service from uncharacterized to an honorable. 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 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 that he went to basic combat training (BCT) on 31 July 1990, at Fort Leonard Wood, MO. After he completed his BCT, he continued to advanced individual training (AIT), where he was assigned to the 4th Engineer Battalion in Memphis, TN. He completed 8 years of service, advanced to the rank of E-4 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) contains his time from Fort Leonardwood but, it does not contain his time from his Reserve Unit. 3. A review of the applicant’s service record shows: a. He enlisted in the U.S. Amy Reserve on 19 April 1990. b. He was ordered to active duty for training (ADT) on 31 July 1990. He completed required training and was awarded military occupational specialty 62F (Crane Operator). c. The applicant was released from ADT and transferred to his USAR unit on 30 November 1990. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of active duty service shows he was released from active duty training under the authority of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), chapter 4 upon completion of ADT, with a characterization of service of "uncharacterized," after completing 4 months of active duty service. d. His DA Form 2-1 (Personnel Qualification Record) shows, following his release from ADFT, he was transferred to his Reserve unit, Company A, 467th Engineers Battalion, Memphis, TN on 15 September 1997. e. Letter of Instruction (LOI) from the immediate commander dated 26 November 1997 show a listing of the applicant’s unexcused absences for his AT for the period of (1) 1 November 1997, (2) 1 November 1997, (1) 2 November 1997 and (2) 2 November 1997. It notifies the applicant that unless the absences indicated are excused, he will have accrued 4 unexcused absences within a 1 year period. It further warns the applicant that if he accumulates 9 unexcused absences within a 1 year period, he would become an unsatisfactory participant. f. A Letter dated 27 July 1998, states that he is being notified by the LOI of Unexcused Absence of Annual Training that began on 25 July 1998 and ended on 7 August 1998 signed by the commander. The commander stated that after carefully considering his complete file, he decided not to excuse his participation. g. He was declared an unsatisfactory participant and was transferred to the individual ready reserves (IRR) for the balance of his service obligation. h. 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. 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 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. 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— c. 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) AR20170015736 4 1