ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20180013254 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending in 18 March 1991, to show her service was characterized as 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) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 requesting this upgrade because her [U.S. Army Reserve (USAR)] discharge was an honorable discharge. She received honorable discharge orders with an effective date of 13 February 1992. 3. The applicant enlisted in the USAR on 24 May 1974. Her records show her USAR service was honorable. 4. The applicant's DA Form 2-1 (Personnel Qualification Record) Section 7 (Current and Previous Assignments) shows she was mobilized and ordered to active duty on 23 December 1990, in support of Operations Desert Shield and Desert Storm. She was assigned to the 217th Evacuation Hospital for service in Saudi Arabia. Her records shows she was serving at the time in the rank/grade of sergeant/E-5. 5. The applicant's DD Form 214, for the period ending in 18 March 1991, shows she was released from active duty on 18 March 1991, following her completion of 2 months and 29 days of net active service this period, while mobilized in support of Operation Desert Storm. Her DD Form 214 further shows in: * item 23 (type of separation), Released From Active Duty * item 24 (character of service), Uncharacterized, * item 25 (separation authority), Army Regulation 635-200, Chapter 4, * item 26 (separation code), LBK * item 27 (reentry code), NA * item 28 (narrative reason for separation), Completion of Period of Active Duty 6. Orders 22-6, issued by Headquarters, Fifth U.S. Army and Fort Sam Houston, Fort Sam Houston, Texas on 3 February 1992, ordered the applicant's honorable discharge from the USAR under the authority of Army Regulation 135-178 (Army National Guard (ARNG) and Army Reserve – Enlisted Administrative Separations), paragraph 11-1, effective 13 February 1992. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions were carefully considered. She was ordered to Active duty for deployment. The Board agreed she should have received a DD Form 214 with a characterization since she was not in an entry level status. There is no record of misconduct during the period, so the Board agreed the period of service should reflect 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 her a DD Form 214 for the period of service ending on 18 March 1991 showing her 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, U.S. Code, 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 135-178 prescribes the policies, criteria, and procedures that apply to the separation of enlisted members of the Army National Guard of the United States (ARNGUS) and the USAR, except as indicated below: a. Separation of enlisted members serving on active duty will be governed by appropriate Active component regulations [Army Regulation 635-200]. b. Separation of enlisted members serving on Initial Active Duty of Training (IADT) will be governed by appropriate Active component regulations [Army Regulation 635-200]. c. Enlisted members of the ARNGUS or USAR serving on 45-day ADT who demonstrate through their actions or traits that they should be discharged will be released and returned to their Reserve component unit or USAR control group for discharge action. 3. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. This regulation provided that a separation would be described as an entry level separation with service uncharacterized if the processing was initiated while the Soldier was in entry level status, except under specific circumstances. For ARNG and USAR Soldiers, entry level status commenced upon enlistment in the ARNG or USAR. It terminated for: (1) Soldiers ordered to IADT for one continuous period, 180 days after beginning training. (2) 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) For members ordered to active duty, active duty as member of the Active Guard/Reserve (AGR) Program, or special active duty for training, 180 days after entry on such duty (emphasis added). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013254 4 1