ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20180007027 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the character of his service as honorable instead of uncharacterized and to show his total service in the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 3 January to 13 May 1992 * USAR discharge orders * Honorable Discharge Certificate 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 his DD Form 214 only shows the active duty he performed during basic and advance individual training. He contends his DD Form 214 should show the character of his service as honorable and it should also show his full term of USAR service from 12 December 1991 to 14 December 1999. 3. The applicant enlisted in the USAR on 9 December 1991. 4. Orders issued on 11 December 1991 ordered the applicant to initial active duty for training (IADT) with a report date of 4 January 1992. 5. The applicant was released from IADT and transferred to his USAR unit on 13 May 1992. His DD Form 214 for this period of active duty service shows he was released from active duty training under the authority of Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), paragraph 4-2 (Discharge or release from the Active Army upon termination of enlistment and other periods of active duty or active duty for training), with a characterization of service of "uncharacterized," after completing 4 months and 11 days of active duty service. 6. The applicant was honorably discharged from the USAR on 14 December 1999. 7. There is no evidence in the applicant's available records indicating he performed active duty service in excess of 90 days after his release from IADT on 13 May 1992. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, his completion of training and award of an MOS while on active duty, his release from active duty to return to his USAR unit, his continued service in the USAR and his honorable discharge in 1999. The Board found that the applicant’s request to characterize his active duty service had merit since it resulted in award of an MOS. The Board found insufficient evidence of other active duty service, in excess of 90 days, after his completion of IADT that would generate an additional DD Form 214. Based on a preponderance of evidence, the Board determined that the separation date reflected on his DD Form 214 was not in error or unjust. 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 :XXX :XXX :XXX 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 his DD Form 214 for the period of service ending 13 May 1992 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 adding his total service in the USAR to his DD Form 214. 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 Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's IADT, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty, including USAR personnel who are separated after completing 90 days or more of continuous active duty for training, full time duty training, or active duty support. 3. Army Regulation 635-200 states in paragraph 3-7a, an honorable discharge is a separation with honor. 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. Only the honorable characterization may be awarded a member upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty training. 4. Army Regulation 635-8 (Separation Processing and Documents), dated 10 February 2014, and currently in effect, states in paragraph 5-6 (Rules for Completing the DD Form 214) that when a Reserve Component Soldier successfully completes IADT, the character of service is honorable unless directed otherwise by the separation approval authority. ABCMR Record of Proceedings (cont) AR20180007027 4 1