IN THE CASE OF: BOARD DATE: 10 January 2020 DOCKET NUMBER: AR20180002687 APPLICANT REQUESTS: In effect, correction of his records to show he was honorably separated or discharged on three separate occasions. Included in his application is a request to change his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 June 1987, to show his service was characterized as honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 11 February 2018 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 he made drills and did extra training without recognition or pay; he contends he should have been promoted to the rank/grade of sergeant (SGT)/E-5. He should have three honorable discharges, not one and two under honorable conditions (general) discharges. A Veteran's Service Officer (VSO) told him he did not have 180 days of active duty service, which is incorrect as he had almost that much time while training for qualification in his primary military occupational specialty (MOS). He is currently incarcerated and cannot access any of his separation documents. 3. The applicant enlisted in the California Army National Guard (CAARNG) on 1 December 1986, with a 3-year ARNG service obligation. 4. The applicant entered initial active duty for training (IADT) on 20 January 1987, completed IADT, was awarded military occupational specialty (MOS) 63B (Light Vehicle Mechanic), and was released from active duty (REFRAD). 5. He was REFRAD on 20 June 1987 and returned to the control of his CAARNG unit of assignment. The DD Form 214 he was issued shows he was credited with completing five months and seven days of active duty and his service was uncharacterized. 6. The applicant received a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period 1 December 1986 through 30 November 1989, which shows he was discharged from the ARNG and was reassigned to the U.S. Army Reserve (USAR) Control Group (Annual Training). His service was characterized as honorable. 7. The applicant's CAARNG discharge orders, dated 15 December 1989, show he was honorably discharged from the ARNG and transferred to the USAR Control Group (Annual Training), effective 30 November 1989. 8. The applicant was released from the USAR Control Group, effective 15 December 1993, for enlistment in the CAARNG. 9. The applicant received an NGB Form 22 for the period 15 December 1993 through 14 December 1996, which shows he was discharged from the ARNG. His service was characterized as honorable. 10. The applicant's records do not show any additional periods of active duty, USAR, or ARNG service. His records are void of any evidence showing period of service characterized as under honorable conditions. 11. With respect to the applicant's request to in effect characterize his period of IADT service: a. An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNG Alternate Training Program or USAR Split Training Program) will receive a character of service of Honorable unless directed otherwise by the separation approval authority. b. The available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity the characterization of service should read as honorable. 12. With respect to the applicant's request for additional separation documents: a. A DD Form 214 is issued for each period of continuous active duty service for which a Soldier served when no prior separation form was issued. An NGB Form 22 is issued for each period of ARNG service when no prior separation form was issued. b. The NGB Form 22 is a State document and its issuance is under the preview of the State Adjutants General. If the applicant believes he should have been issued an additional NGB Form 22 for an undocumented period of service, he should contact the CAARNG State Adjutant General to resolve this aspect of his request. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records. The Board considered the applicant’s statement, his record of service, his period of active duty and his honorable service in the ARNG and the USAR. The Board considered the Army policy when issuing DD Form 214 for Reserve Component Soldiers ordered to active duty for initial training. The Board found the applicant completed all required training, was awarded an MOS and returned to his ARNG unit of assignment. The Board found insufficient evidence to show the applicant served any additional periods of active duty that would require and issuance of a DD Form 214. The Board found insufficient evidence to show that the applicant was selected for or promoted to a rank above PFC or that he received certificates for any additional MOS training. The Board advises the applicant that if he believes he has additional periods of ARNG service, he should first contact the ARNG to resolve the issue. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation from active duty should be corrected as a matter of equity. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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 amending the DD Form 214 for the period of service ending 20 June 1987 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” 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 further relief in excess of that shown above. 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, 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. Paragraph 1-4 provided that a DD Form 214 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the ARNG of the U.S. (ARNGUS) and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training that resulted in the award of an MOS, even though the active duty was less than 90 days. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. a. Paragraph 5-1f states that a DD Form 214 will be prepared for RC Solders completing active duty that results in the award of an 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). b. Paragraph 5-6x(1) states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 described the different characterizations of service. a. Paragraph 3-7a states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier'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. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9, of the regulation in effect at the time of his separation, stated that a separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except in the following circumstances: (1) when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or (2) when the Secretary of the Army, on a case-by-case basis, determines that an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Section II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT. 5. Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), effective 19 January 2004, set forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different characterizations of service. Paragraph 3-9a (Entry-level-status separation) provides that 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: a. characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; b. the Secretary of the Army, on a case-by-case basis, determines that a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or 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) AR20180002687 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180002687 5 ABCMR Record of Proceedings (cont) AR20180002687 4