ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20180000324 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), with self-authored statement * DD Form 214, for the period ending 12 January 1990 * DD Form 256A (Honorable Discharge Certificate), awarded on 11 March 1997 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 his DD Form 214 shows his service was uncharacterized but he received an Honorable Discharge Certificate dated 11 March 1997. He would like his DD Form 214 changed to show his characterization as honorable, in accordance with his discharge. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 9 March 1989. He entered active duty for training on 15 August 1989, for the purpose of completing his initial entry training. His record indicates he completed his initial entry training on 12 January 1990. 4. The applicant was released from active duty on 12 January 1990, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon the completion of his initial entry training. The DD Form 214 he was issued shows he completed 4 months and 28 days of net active service, was awarded military occupational specialty 31K (Combat Signaler), his service was uncharacterized, and the narrative reason for separation was "Expiration Term of Service." 5. Active duty Soldiers are normally considered to be in an entry-level status when they are within their first 180 days of active duty service. 6. AR 635-8, Chapter 5 states that a DD Form 214 will be issued for RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). AR 635-8, Chapter 5-6 states that when a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. 7. Orders D-03-721128, issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO on 11 March 1997, honorably discharged the applicant from the USAR effective 11 March 1997. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief. Regulatory guidance indicates that USAR and ARNG Soldiers are granted an honorable discharge if they complete their active duty training, receive an MOS and are returned to their units. This is the applicant’s case. Therefore, the Board agreed that the applicant’s discharge should be upgraded to “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 amending the applicant’s discharge characterization on his DD Form 214 to “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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty, to include attendance at basic and advanced training, and was prepared for all personnel at the time of their retirement, discharge, or release from active duty. 3. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. It provides that 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 an entry-level status (except when the characterization of under other than honorable condition is authorized), or when the Secretary of the Army, on a case-by- case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. b. A member of a Reserve component who is not on active duty, or who is serving under a call or order to active duty for 180 days or less, begins entry-level status upon enlistment in a Reserve component. Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. 4. Army Regulation 635-8 provides the authorities for Separation Processing and Documents. Chapter 5, Preparing Separation Documents 5–1. When to prepare the DD Form 214. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Soldiers in the following categories: b. RC Soldiers completing 90 days or more days of continuous active duty. For example, such periods may consist of ADOS, contingency operations- ADOS, active duty operational support-RC, AGR, or full-time National Guard duty for operational support. 5–6. Rules for completing the DD Form 214. This paragraph provides detailed instructions for data required in each block of the DD Form 214. Paragraph x. Block 24: Characterization of Service. Correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The character of service must be one of the seven designations (a) through (g) below. (1) When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000324 4 1