ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 July 2019

	DOCKET NUMBER:  AR20180005650


APPLICANT REQUESTS: character of service (item# 24) on DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 would like his character of service on his DD Form 214 be corrected from uncharacterized to honorable.  His terminal date of obligation was 8 March 1993.  His DD Form 214 has character of service as uncharacterized.  On orders from the Department of the Army dated, 30 November 1993 his type of discharge is honorable.  His time in the New York Army National Guard (NYARNG) was without blemish.  He requests his DD Form 214 be corrected with character of service changed to honorable.

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

	a.  He enlisted in the NYARNG on 9 March 1989.

	b.  He entered Initial active duty for training (IADT) on 28 March 1989.  He completed required training for award of military occupational specialty 13B (Cannon Crewman). 

	c.  He was released from IADT to the control of his NYARNG unit.  His DD Form 214 shows he was released from active duty in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), due to completion of IADT.  He was assigned an uncharacterized discharge. 
	d.  On 30 November 1992, he was notified to appear before the unit level counseling board because his unit records indicated that he had accumulated a total of 9 absences.  Absences include: absent without leave (AWOL), sick/leave and /or Split Unit Training Assembly (SUTA) that were never made up.

	e.  On 1 January 1993, he released from NYARNG with a character for service under honorable conditions (general) and transferred to United States Army Reserve (USAR) Control Group.

	f.  He was honorably discharged from the USAR on 30 November 1993. 

4.  By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status.  During the first 180 days of continuous active military service, a member's service is under review. 

	a.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge.  A general discharge is not authorized.

	b.  The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

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 warranted.  Based upon the applicant completing all required training and obtaining a MOS prior to separation, as well as the new guidance concerning characterization of service for USAR and National Guard Soldiers, the Board concluded that upgrading the characterization of service to Honorable was appropriate.


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 reissuing the applicant a DD Form 214 showing his characterization of service as 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.

















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 sets forth the basic authority for separation of enlisted personnel.  

	a.  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; 

	(1)  Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case

	(2)  Headquarter, Department of the Army (HQDA), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority.

	(3)  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 (see para 11–3c).

	b.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’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.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code MCD was at the time the correct code for Soldiers separating under the provisions of AR 635-200, paragraph 4-2h.

ABCMR Record of Proceedings (cont)	 AR20180005650


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