ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 January 2020 DOCKET NUMBER: AR20180011805 APPLICANT REQUESTS: An upgrade of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 July 1993, to show his service is characterized as honorable in lieu of uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) * Honorable Discharge Certificate, Army National Guard (ARNG) * Letter, and Local Retirement System, dated 26 June 2018 * Letter, National Personnel Records Center, dated 11 May 2018 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 is making this request so that his military service may qualify toward total years of service for Retirement with the State Police. Uncharacterized service is insufficient to qualify for retirement benefits. The reason given for entry level separation was he served less than 180 days. He served 12 years of honorable service with the Vermont ARNG. 3. The available evidence shows the applicant enlisted in the ARNG for a period of 8 years on 22 December 1992. 4. The DD Form 214 he was issued shows he entered Initial Active Duty for Training (IADT) from 15 March to 16 July 1993. He completed the training requirements and he was awarded military occupational specialty (MOS) 13F and was released from IADT to the control of the ARNG. He completed 4 months and 2 days of creditable active service. His DD Form 214 also show in: * (Type of Separation) – Released from ADT * (Character of Service) – Uncharacterized * (Separation Authority) – Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Paragraph 4-2H * (Separation Code) – MBK * (Narrative Reason for Separation) – Completion of IADT 5. Army Regulation 635-8 (Separation Processing and Documents) states when a Reserve Component (RC) Soldier successfully completes IADT the character of service is honorable unless directed otherwise by the separation approval authority. 6. In regard to his DD Form 214, received upon completion of IADT: a. Regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status; Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active duty. However, the current separation regulation states RC Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IADT, been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was ordered to IADT, he completed 4 months and 2 days of active service, and was awarded an MOS; following separation, he returned to the ARNG. Although, based on then-regulatory guidance, his DD Form 214 properly reflects a characterization of "uncharacterized," it would be appropriate to consider his character of service as honorable, given current guidance, and in the interest of equity. 7. The applicant contends his ADT service should be characterized as honorable in lieu of “uncharacterized.” The “uncharacterized” characterization is keeping him from getting service credit for ADT counted towards his civilian retirement. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted. His character of service upon completion of IADT with award of an MOS should be changed to Honorable as a matter of equity. 2 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 on her DD Form 214 for the period ending 16 July 1993 a characterization of Honorable and be issued a new DD Form 214 to that effect. 9/22/2020 X CHAIRPERSON 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): NA 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 635-5-1 states in “Note 6” the SPD code of MBK should be used for Regular Army Soldiers eligible to reenlist who are released from active duty (REFRAD) on completion of enlistment and transferred to a RC to complete a military service obligation. Also to be used for ARNGUS or U.S. Army Reserve (USAR) Soldiers REFRAD on completion of required active service or period of which ordered to active duty. · 3. 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 ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR 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. 4. 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 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 MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the ARNGUS Alternate Training Program or USAR Split Training Program). When a RC Soldier successfully completes IADT the character of service is honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS//