ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 May 2019

	DOCKET NUMBER:  AR20180001910


APPLICANT REQUESTS:  an upgrade to her uncharacterized discharge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge or dismissal From the Armed Forces of the United States)
* DA Form 87 (Department of The Army Certificate of Training)
* Veterans Affair Documentation

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 during her time in the military, she endured a lot, but she pushed through.  She is trying to further her education and purchase a home, but if her DD Form 214 is not upgraded, she would not be able to accomplish that dream. 

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

	a.  She enlisted in the Army Reserves on 7 September 2001.

	b.  Her record contains a DD Form 214 for the period of 28 February 2002 to 
13 June 2002, which shows she entered active duty for training to complete the Advanced Individual Training (AIT) and was released upon completion.  It also contains the following:

* item 23 (Type of Separation) – "RELEASE FROM ACTIVE DUTY TRAINING"
* item 24 – "UNCHARACTERIZED"
* item 28 (Narrative Reason for Separation) – "COMPLETION OF REQUIRED ACTIVE SERVICE"

	c.  United States Army Reserve Discharge Orders (D 300-36) dated 27 October 2014.  Type of discharge received was Honorable.

4.  Army Regulation (AR) 635-5 (Separation Documents) states 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 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.

5.  AR 635-200 (Active Duty Enlisted Administrative Separations) states, for Army National Guard of the United States (ARNGUS) and U. S. Army Reserve (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.

6.  She was ordered to active duty on 30 March 2002, in response to the World Trade Center and Pentagon attacks.  She was released from active duty on 17 April 2003 and was issued a DD Form 214 for this period, which shows:

* item 12a (Date Entered Active Duty This Period) - "2002  03  30"
* item 12b (Separation Date This Period) – "2003  04  17"
* item 12c (Net Active Service This Period) – "0001  00  18"
* item 12d.  (Total Prior Active Service) – "SEE BLOCK #18"
* item 12e (Total Prior Inactive Service) – "SEE BLOCK #18"
* item 18 (Remarks) does not include any entries for items 12d or 12e

7.  Her record is void of any other active duty periods of service.

8.  AR 635-5 provides the following guidance for completing the DD Form 214:

* Enter in item 12d (Total Prior Active Service), active duty, less lost time, if any, from previously issued DD Forms 214
* 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

9.  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, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted.  Because regulatory guidance states that a DD Form 214 will only be issued for Reserve Component Soldiers 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, and that service will be characterized as uncharacterized service, the Board concluded that there was insufficient evidence of an error or injustice which would warrant upgrading the characterization of service of the applicant.

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) 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 (Active Duty Enlisted Administrative Separations) states:

   a.  For Army National Guard of the United States (ARNGUS) and U. S. Army Reserve (USAR) Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.  For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training. (Soldiers completing Phase I Basic Training (BT) or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II.)

   b.  The service of Soldiers in entry-level status is normally described as uncharacterized.



ABCMR Record of Proceedings (cont)	 AR20180001910


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