BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20180014501 APPLICANT REQUESTS: The daughter of the deceased former service member (FSM) requests: * to change the FSM’s uncharacterized discharge to honorable * a personal Board appearance 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) * NGB Form 22 (Report of Separation and Record of Service) * Army National Guard Honorable Discharge Certificate * National Personnel Records Center letter * Signature Verification 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 daughter of the deceased FSM states the character of service for her mother is listed incorrectly. She has the documentation attached for her honorable discharge but the character of service listed says uncharacterized. Her mother did her required years of service until her contract ended and she got out. Her mother has an award for her honorable discharge that she is providing the Board to show her service was not uncharacterized. She also provided her mother’s military accommodation stating the type of discharge. 3. On 31 March 1989, the FSM enlisted in the United States Army Reserve (USAR) for a period of 8 years. 4. On 26 October 1989, the FSM was ordered to initial active duty for training (IADT) to complete basic training and military occupational specialty (MOS) training. 5. A review of the FSM’s DD Form 214 shows: * 26 October 1989, the FSM entered initial active duty for training * the FSM completed the Material Control and Accounting Specialist course in 1990 and was awarded MOS 76P (Material Control and Accounting Specialist) * 14 March 1990, the FSM completed IADT and was released from active duty training and transferred to her USAR unit * the FSM’s character of service was listed as “uncharacterized” 6. On 31 January 1997, the FSM enlisted in the District of Columbia Army National Guard (DCARNG) for a period of 3 years. 7. The daughter of the FSM provided an Army National Guard Honorable Discharge Certificate showing the FSM was honorably discharge from the DCARNG on 30 January 2000. She also provided a copy of the FSM’s DD Form 214, a National Personnel Records Center letter, and a Signature Verification form. 8. In regards to her request to change her mother’s characterization of service to honorable: a. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time of his separation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training b. Army Regulation 635-8 currently in effect states that a DD214 will be prepared for Reserve Component Solders awarded an MOS even if active duty is less than 90 days. RC Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. c. The FSM’s record shows she was called to active duty and successfully completed training and was awarded an MOS, her DD Form 214 properly reflects her characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time of her separation; however, based on current regulatory guidance and in the interest of equity her characterization of service should read as honorable. 9. In regards to the applicant's request for a personal appearance, Army Regulation 15- 185, states an applicant is not entitled to a hearing before the Board; however, the Board or the Director of ABCMR may authorize a personal appearance. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Soldier’s record of service, the reason for the Soldier’s separation and policy pertaining to separation of Reserve Component Soldiers upon completion of initial entry training. The Board found that the Soldier completed training and was awarded an MOS and released from active duty to return to her unit of assignment. Based upon a preponderance of evidence, the Board determined that as a matter of equity, the Soldier’s character of service should be characterized. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. 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 :X :X :X 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 her DD Form 214 for the period of service ending 14 March 1990 to show 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 a personal appearance. 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 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 635-8 (Separation Processing and Documents) currently in effect, prescribes the transition processing function of the military personnel system. The regulation contains guidance in paragraph 5-6x stating for Block 24 (Characterization of Service) the correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. Paragraph 5-6x(1) states “When a Reserve Component (RC) Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation states, in pertinent part, applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20180014501 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20180014501 5 ABCMR Record of Proceedings (cont) AR20180014501 4