ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 20190

	DOCKET NUMBER:  AR20170017283


APPLICANT REQUESTS:  correction of his period of service from1985 to 1992 and the 
character of his discharge.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 he needs his time from 1985 to 1992 put 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 Reserve (USAR) on 30 October 1984.  

	b.  He entered active duty for training (ADT) on 10 January 1985 and completed 
required training for award of military occupational specialty (MOS) 31E (Combat 
Signaler).  

	c.  He was released from ADT in accordance with chapter 4 of Army Regulation (AR) 
635-200 (Personnel Separations) on 1 June 1985 due to expiration of term of service 
(ETS).  His DD Form 214 shows his character of service as "entry level status" and that 
he completed 4 months and 22 days of active service.  

	d.  Following his release from active duty, he was assigned to the 192nd Supply 
Company in Houston, TX, and then the 441st Signal Transportation Company, Houston.

	e.  Between December 1991 and April 1992, he accrued at least 8 unexcused 
absences from unit training assemblies. 
	f.  On 27 July 1992, his chain of command received formal notification the applicant 
tested positive for illegal drugs. 

	g.  On 4 August 1992, the applicant's immediate commander, initiated a Bar to 
Reenlistment Certificate against him, citing his positive urinalysis test. 

	h.  Also on 4 August 1992, his immediate commander advised the applicant of his 
intent to initiate separation action against him in accordance with chapter 7 
(Misconduct) of AR 135-178 (Enlisted Administrative Separations).  The applicant 
acknowledged receipt and understood his rights.

	i.  On 3 September 1992, the applicant signed a statement indicating his desire to be 
voluntarily discharged from the USAR effective 1 October 1992 or upon hi ETS date.  

	j.  On 27 September 1992, the immediate commander, initiated separation action 
against the applicant for misconduct (positive drug use).  He recommended the 
applicant be separated on his ETS date (29 October 1992) and his service be 
characterized as general, under honorable conditions. 

	k.  On 14 October 192, the intermediate commander recommended approval of the 
discharge action with the issuance of a general, under honorable conditions 
characterization of service.  He described the applicant as a consistently marginal 
performer and recommended he be separated on his ETS date. 

	l.  On 9 December 1992, Headquarters, U.S. Army Reserve m, Fort McPherson, GA 
published Orders 05-142 ordering his discharge from the U.S. Army Reserve with an 
honorable characterization of service, effective 9 December 1992. 

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

	n.  Aside from his 4 months and 22 days of active service for which a DD Form 214 
was issued there is no evidence he performed any other period of active duty of at least 
90 consecutive days which would have qualified him for the issuance of a DD Form 214.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.  The applicant's service in the USAR 
from 1985 to 1992 was not active duty.   

5.  During the first 180 days of continuous active military service, a member's service is 
under review.  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.  An honorable characterization may be given only if the 
service clearly warrants that characterization by unusual circumstances of personal 
conduct and performance of military duty and the characterization must be approved by 
The Secretary of the Army.  

6.  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/her character of service to be rated as honorable or otherwise.

7.  By regulation (AR 135-178), USAR enlisted Soldier will be discharged for a variety of 
reasons, including misconduct (chapter 7).  The separation authority will determine the 
characterization of service. 

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.  Adding the additional period of service is denied as it occurred 
after the period of active service covered by the DD Form 214 when he was transferred 
back to the USAR. 

The Board wished to inform the applicant that only active duty service is reflected on a 
DD Form 214; any duty in the USAR is not appropriate for reflection on a DD Form 214 
per regulatory guidance.

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 reissuing 
him a DD Form 214 for the period ending 1 June 1985 showing his 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 adding additional service dates to his DD Form 214.

	  
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 635-200 (Personnel Separations) describes the different types of 
characterization of service.  It states:

	a.  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 characterization under other than honorable condition is 
authorized under the reason for separation and is 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.  For Regular Army 
Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 
days of continuous active duty following a break in service of more than 92 days of 
active military service.

	b.  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.

3.  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 duty.  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 as indicated:

	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.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. 
Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal 
service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of 
mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization 
station and is found unqualified for active duty will be excluded from this provision.  He 
or she will only receive a DD Form 220 (Active Duty Report); and

	d.  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 
advanced individual training under the ARNG of the United States Alternate Training 
Program or USAR Split Training Program.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170017283

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