ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20180008311


APPLICANT REQUESTS:  an upgrade of his entry-level, uncharacterized discharge to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* Separation Orders No. D-08-371766

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 received discharge orders stating his discharge was characterized as honorable.  He believes he completed his term of service and served with honor.  

3.  The applicant provides:

	a.  DD Form 214 which states he was relieved from active duty training on 18 March 1986.  His character of service was listed as an entry level separation, uncharacterized.  The narrative reason for separation was listed as expiration term of service.  He completed 4 months and 28 days of net active service.

	b.  Separation Orders, No. D-08-71786, which states the applicant was honorably discharged from the U.S. Army Reserve (USAR) effective 31 August 1993.

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

	a.  He enlisted in the New York Army National Guard (NYARNG) on 30 August 1985.  He was ordered to active duty and reported to training on 21 October 1985.  
	b.  He graduated Basic Training and attended Advanced Individual Training at 
Fort Knox, KY until he was relieved from active duty training on 18 March 1986.  Based on his DD Form 214 (Certificate of Release or Discharge from Active Duty), he completed 4 months and 28 days of active service.  It also shows in:

* Item 23 (Type of Separation:  Relief From Active Duty Training
* Item 24 (Character of Service):  Entry Level Separation – Uncharacterized
* Item 25 (Separation Authority):  Army Regulation (AR) 635-200, Chap 4
* Item 28 Narrative Reason for Separation:  Expiration Term of Service

	c.  On 29 August 1991, he was honorably discharged from the NYARNG and transferred to the U.S. Army Reserve (USAR) Control Group.

	d.  On 31 Aug 1993, the applicant was honorably discharged from the USAR.

5.  There is no evidence the applicant has applied to the Army Discharge Review Board for an upgrade of his discharge.

6.  By regulation (AR 635-200), paragraph 3-9, an entry level separation is processed on a Soldier if initiated during the first 180 days of continuous of active military service.  An uncharacterized discharge is neither positive nor negative; it is not “derogatory.”  An uncharacterized character of service is not meant to be a negative refection 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. 

7.  In reaching its determination, the Board can consider the applicant’s 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.  He 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 him a DD Form 214 for the period ending 18 March 1986 showing his character 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.  AR 635-200, paragraph 3–9 provides 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—

b. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.
     
     b.  HQDA (AHRC–EPR–F), 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180008311


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