ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20180001627


APPLICANT REQUESTS: his DD Form 214 (Certification of Release or Discharge from Active Duty) block 24 (character of service) be changed to reflect an honorable 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)
* Report of Separation and Record of Service (NGB Form 22)
* Discharge Orders

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 he is applying for military benefits through the Veteran Affairs (VA) and will need his DD Form 214 to reflect his discharge letter.  His discharge letter states that he was honorably discharged.  He further states his DD Form 214 is inconsistent with his discharge letter.

3.  The applicant provides a copy of his DD Form 214 (Certification of Release or Discharge from Active Duty) which shows block 24 (character of service) as entry level status.  It also shows he was released from active duty for expiration of term of service under the provisions of AR 635-200 paragraph 4-2h on 26 November 1987.

4.  A review of the applicants records show:

	a.  He enlisted in the Army National Guard (ARNG) on 14 May 1987.

	b.  He entered active duty for training (ADT) on 20 August 1987.  He completed one station unit training at Fort Sill, OK, and he was awarded military occupational specialty 13B (Cannon Crewman). 

	c.  He was released from ADT to the control of his ARNG unit on 26 November 1987.  His DD Form 214 shows:

* Authority for Separation as paragraph 4-2h of Army Regulation 635-200 (Personnel Separations)
* Narrative Reason for Separation as expiration term of service (ETS)
* Character of Service as Entry Level Status 
* Separation Code as LBK.

	d.  He served with his VAARNG unit, Battery C, 1st battalion, 111th Field Artillery in Newport News, VA. 

	e.  On 13 January 1989, the VAARNG published Orders 9-33, discharging him from the ARNG and reassigning him to the U.S. Army Reserve Control Group (annual Training) with an under honorable conditions (general) characterization of service. 

	f.  He was discharged from the ARNG on 1 February 1989.  His NGB Form 22 (Report of Separation and Record of Service) show she received a general characterization of service. 

	g.  Orders D-05-541749, dated 16 May 1995, shows he was honorably discharged from the U.S. Army Reserve on 16 May 1995 after having completed his military service obligations. 

5.  By regulation (AR 635-200), paragraph 4-2h applies to Reserve Component personnel ordered to active duty for initial entry training.  A member being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless an entry level separation is required.  A separation is described as entry level separation if processing is initiated while a member is in entry level status, except in the following circumstances: when characterization under other than honorable conditions is authorized or when the Secretary of the Army determines that a characterization of honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 



BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the service record, the Board found insufficient evidence to show that any error or injustice was present which would warrant changing the characterization of service of the National Guard separation.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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 (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information.  Block 24 states that authorized entries are honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, to be determined.

3.  AR 635-200 (Personnel Separations) prescribes the policies and procedures for the separation of enlisted personnel.  

	a.  Paragraph 3-9 provides for the entry level separation.  It states a separation is described as entry level separation if processing is initiated while a member is in entry level status, except in the following circumstances: when characterization under other than honorable conditions is authorized or when the Secretary of the Army determines that a characterization of honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. 

	b.  Paragraph 4-2h applies to Reserve Component personnel ordered to active duty for initial entry training.  

	c.  Paragraph 4-4, characterization of service.  A member being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless an entry level separation is required.

ABCMR Record of Proceedings (cont)	 AR20180001627
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