IN THE CASE OF: BOARD DATE: 28 January 2020 DOCKET NUMBER: AR20180005614 APPLICANT REQUESTS: The applicant requests: * an upgrade and/or a correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending 23 August 1986 from an entry level status character of service to an honorable * a change in narrative reason from ETS (expiration term of service) to completion of period of ADT (active duty for training) or completion of required active service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1966/7 (Record of Military Processing – Armed Forces of the United States), dated 22 April 1985 * Initial ADT Order Number 134-35, dated 15 July 1985 * Orders 094-004, dated 14 May 1986 * Orders 96-606, dated 19 May 1986 * U.S. Army Training Center, Fort Jackson, SC, Diploma, dated 21 August 1986 * DD Form 214 * Office of the State Comptroller Letter, dated 7 November 2017 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: a. She is respectfully requesting an upgrade/correction of my DD Form 214 for the period of 14 May 1986 through 23 August 1986. Her DD Form 214 currently lists "Entry Level Status." In 2004 she requested military service credit, Article 20 ((Retirement and Social Security) credit for military service rendered during periods of military conflict) from the State and Local Retirement Services (NYSLRS). The request was granted and she received military service credit. Recently, it was bought to her attention by the Office of the Comptroller, NYSLRS, that "Honorable" was not listed as her character of Service. Article 20 specifically required that the character of service be listed as "Honorable." b. After further examining her DD Form 214, she also noticed "Expiration Term of Service. ETS" was listed as the Narrative Reason for Separation, not "Completion of Period of ADT" or "Completion of Required Active Service. She served continuously, with no breaks in service until she transferred to the Retired Reserves in 2006. The fact that she is at risk of losing this previously purchased credit from 13 years ago is disheartening. c. She is making this request so that her prior military service credit that she purchased remains in effect. She enlisted in the Split I Alternative Training Option. She completed more than 90 days of active duty to complete her ADT. She successfully completed training and returned to her Reserve unit. For her twenty years in the USAR (U.S. Army Reserve), she has no "Dishonorable" or "Unfavorable" active duty or inactive duty service. On 17 November 2007, she received notification from NYSLRS that entry level status is not acceptable as a character of service and her military service credit will be removed because of this error. 3. The applicant's record does not provide any documents prior to 1995; however, the applicant provided: a. DA Form 1966/7, dated 22 April 1985, which shows she: * enlisted in the USAR for a term of 8 years and the military occupational specialty (MOS) 71L (Administrative Specialist) * enlisted for the alternate training program b. Initial Active Duty for Training Order Number 134-35, dated 15 July 1985, shows the applicant was ordered to active duty for training to attend advanced individual training (AIT), with a report date of 19 May 1986 for approximately 10 weeks and 3 days. c. U.S. Army Training Center, Fort Jackson, SC, Diploma, dated 21 August 1986, shows the applicant completed the Administrative Specialist Course. d. DD Form 214 which shows: * Item 8 (Station Where Separated): Fort Jackson, SC * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty): "71L10, Admin Spec, 00 Years, 00 Months" * Item 12a (Date Entered AD This Period): "86 05 14" * Item 12b (Separation Date This Period): "86 08 23" * Item 12c (Net Active Service This Period): 00 03 10 * Item 23 (Type of Separation): Relief from Active Duty Training * Item 24 (Character of Service): Entry Level Status * Item 25 (Separation Authority): AR 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 * Item 26 (Separation Code): LBK * Item 28 (Narrative Reason for Separation): "Expiration Term of Service. ETS" e. Office of the State Comptroller Letter, dated 7 November 2017, which states "[y]ou also submitted a DD Form 214 with the dates of May 14, 1986 to August 23, 1986 that does not include character of service as honorable. Article 20 (section) 1000 (military service credit) specifically requires that the character of service is listed as 'honorable,' 'entry level status' is not sufficient for Art 20 benefit purposes. If we do not receive this information within 90 days we will refund with interest your payment for Article 20 military service." 4. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded an MOS. Effective 1 March 2014, regulatory guidance changed stating entry level soldiers who completed IADT and were awarded an MOS were to be given an honorable discharge, unless otherwise directed by the separation authority; based on this, and in the interest of equity, the characterization of service should read as honorable. 7. AR 635-5 (Separation Documents) states, based on the specific separation authority, the source of the SPD code and narrative reason for separation was AR 635-5-1 (Personnel Separation – Separation Program Designators (SPD)). 8. AR 635-5-1 identified the SPD code of "LBK" as being associated with separations under the provisions of AR 635-200, Chapter 4; the required narrative reason for separation was "Expiration Term of Service." BOARD DISCUSSION: 1. The Board noted that in AR 635-5-1 currently in effect, the narrative reason for discharge from active duty under AR 635-200, chapter 4, for USAR members completing IADT, the authorized narrative reason is “Completion of required Active Service.” Accordingly, the applicant’s DD Form 214 discharge narrative reason of "Expiration Term of Service. ETS" should be changed to “Completion of required Active Service.” 2. The Board also noted that in accordance with regulation, when a RC Soldier successfully completes initial active duty training that resulted in the award of an MOS, even though the active duty was less than 90 days, the character of service is Honorable unless directed otherwise by the separation approval authority. The applicant met these requirements and her records should be corrected to show that she was “Honorably” discharged from “Completion of required Active Service” at the end of her initial active duty for training ending 23 August 1986. 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 that the evidence presented was 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 showing on her DD Form 214 for the period ending 23 August 1986: * In box 24, the character of service as “Honorable” * In box 28, the narrative reason for separation as “Completion of required Active Service” 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) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel. It states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except under specific circumstances. For Army National Guard (ARNG) and USAR Soldiers, entry level status begins upon enlistment in the Army National Guard or U.S. Army Reserve and terminates for Soldiers ordered to IADT for one continuous period-180 days after beginning training or Soldiers ordered to IADT for the split or alternate training option-90 days after beginning Phase II (advanced individual training). Soldiers completing Phase I (basic training or basic combat training) remain in entry level status until 90 days after beginning Phase II. The reason and authority for separation will be entered according to Army Regulation 635-5-1 (Personnel Separations – Separation Program Designators (SPD)). Chapter 4 (Separation for Expiration of Service Obligation) states a member will be separated upon expiration of enlistment or fulfillment of service obligation. 3. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states a DD Form 214 will be prepared for Reserve Component (RC) Soldiers awarded an MOS even if active duty is less than 90 days. 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 the Army National Guard of the United States (ARNGUS) Alternate Training Program or USAR Split Training Program). 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. AR 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for completion of the DD Form 214. It stated, based on the specific separation authority, the source of the SPD code and narrative reason for separation was AR 635-5-1 (Personnel Separation – Separation Program Designators (SPD)). 5. AR 635-5-1, in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identified the SPD code of "LBK" as being associated with separations under the provisions of AR 635-200, Chapter 4; the required narrative reason for separation was "Expiration Term of Service." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005614 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180005614 6 ABCMR Record of Proceedings (cont) AR20180005614 5