ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 July 2019

	DOCKET NUMBER:  AR20180007084


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, in effect, item# 24 (Character of Service) of his DD Form 214 shows uncharacterized; he believes it should show honorable.  There is no reason for his character of service to show anything but honorable. 

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

	a.  He enlisted in the U.S. Army Reserve (USAR) on 11 August 1988.

	b.  On 8 September 1988, he entered Initial Active Duty for Training (IADT).  He completed required training for award of military occupational specialty (MOS) 31K (Combat Signaler). 

	c.  On 27 January 1989, he was released from IADT to the control of his unit, HHD 94th USAR Command.  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 expiration term of service (ETS).  His character of service was uncharacterized.

4.  There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations.
5.  Army Regulation (AR) 635-200 sets forth the basic authority for separation of enlisted personnel.  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 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).

6.  In reaching its determination, the Board can consider the applicants petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  Based upon a documentary review of the applicant’s military record, the Board concluded that the applicant completed a period of active duty while conducting initial entry training (IET).  He was awarded a MOS at the completion of IET and was transferred back to the ARNG.  Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority.  Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable.

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.


ABCMR Record of Proceedings (cont)	 AR20180007084


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