ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180006809 APPLICANT REQUESTS: The applicant requests upgrade of her uncharacterized character of service to honorable. 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) in lieu of the DD Form 149 (Application for Correction of Military Records) 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 (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 she is unsure as to why her discharge was characterized as "uncharacterized" as she never got in to any trouble. It only occurred to her when filing for her state Veteran's income tax deduction that her discharge was anything other than honorable. She wishes to have her discharge upgraded to Honorable, as she has done nothing to warrant anything less. 3. The applicant’s record is void of her enlistment contract, however, her record provides evidence that shows she entered active duty to complete training from 28 July 1988 to 23 November 1988 and was awarded military occupational skill (MOS) 76V(Material Storage and Handling Specialist). Her DD Form 214 shows: •Type of Separation: Release from Active Duty •Character of Service: Uncharacterized •Separation Authority: AR 635-200, Chapter 4 •Separation code: LBK •Narrative Reason for Separation: Expiration Term of Service 4. The applicant requests an upgrade. The available evidence shows the applicant was called to active duty for training, awarded an MOS and served approximately 118 days of active duty prior to being released and returned to her home of record. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, effective 1 March 2014 regulatory guidance changed and provides entry level soldier who complete IADT and are awarded an MOS will be given an honorable discharge; unless other characterization is directed by the separation authority; based on this and in the interest of equity the characterization of service should read as honorable. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board 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 180 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 initial active duty for training for the period ending 23 November 1988. 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 that the she was honorably discharged from initial active duty for training for the period ending 23 November 1988 and be issued a new DD Form 214 to that effect. 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 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 635-200 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. 3. Army Regulation 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006809 2 1