ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20180017011 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 24 (Character of Service) to reflect "Honorable" vice "Uncharacterized." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214 for period ending 13 January 2005 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 the character of service listed on his DD Form 214, item 24, for period ending 19 December 2002, is incorrect on and should be characterized as honorable. The entirety of this active duty time period was completed during Initial Entry Training (IET). After completing the required IET, he returned to his National Guard unit and there is no reason that he knows of as to why this service should not be characterized as honorable. This active duty period ending 19 December 2002 was necessary for IET and according to this should be characterized as honorable. This active duty period of time has been included in calculations for my GI Bill benefits, VA Healthcare benefits, and Federal Service Retirement benefits. He asks that this error be corrected as soon as possible in order to allow him to submit and process his military buyback for Federal Service Retirement benefits accordingly. 3. On 21 November 2001, the applicant enlisted in the Florida Army National Guard (FLARNG) for a term of 8 years. 4. By Orders 224-8, dated 28 November 2001, the applicant was ordered to active for initial active duty for training (IADT), basic and advanced individual training, with an initial report date to Fort Jackson, SC, of 17 September 2002 and an advanced individual training report date of 2 December 2002 to Fort Bliss, TX. Orders 089-27, dated 9 May 2002, amended Orders 224-8, changing the report date to Fort Jackson, SC, to 24 May 2002 vice 17 September 2002, and the report date to AIT to 5 August 2002 vice 2 December 2002. 5. Orders 271-00425, dated 28 September 2002, shows the applicant was released from attachment to Fort Sill, OK, and further attached him to Fort Bliss, TX. 6. Memorandum, Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, subject: Orders 271-00425, dated 28 September 2002, attached to Battery D, 1st Battalion, 19th Field Artillery, Fort Sill, OK, dated 3 October 2002, shows the applicant was attached to a unit in Fort Bliss, TX, for training in military occupational specialty (MOS) 14J. 7. His service school academic evaluation report (AER) shows he completed the C41 Enhanced System Operator/Maintainer Course on 17 December 2002 and exceeded the course standards. 8. On 17 December 2002, he was released from active duty. His service was characterized as uncharacterized. He completed 6 months and 25 days (i.e., 205 days) of net active service this period. His DD Form 214, as amended by DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the Army Service Ribbon. 9. His ARNG current annual statement, dated 22 January 2003, shows he was on initial entry training from 24 May 2002 to 19 December 2002. 10. The applicant provided: * DD Form 149 (Application for Correction of Military Record), as discussed above * DD Forms 214 for period ending 13 January 2005, which shows: * He was awarded or authorized: * Army Achievement Medal (2nd Award) * National Defense Service Medal (2nd Award) * War on Terrorism Service Medal * Armed Forces Reserve Medal with "M" Device (2nd Award) * Army Service Ribbon * Army Lapel Button * Rifle Sharpshooter Marksmanship Qualification Badge * Pistol Sharpshooter Marksmanship Qualification Badge * He received an honorable discharge 11. The applicant states the character of service listed in item 24 is incorrect and should be characterized as honorable. After completing the required IET, he returned to his National Guard unit and there is no reason that he knows of as to why this service should not be characterized as honorable. He asks that this error be corrected as soon as possible in order to allow him to submit and process his military buyback for Federal Service Retirement benefits accordingly. His record shows that he attended IET and was awarded a military occupational specialty and he completed 6 months and 25 days (205 days) net active service this period. 12. Regulatory guidance, in effect at the time he was separated, stated an uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component 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 (Army National Guard of the United States) Alternate Training Program or USAR (U.S. Army Reserve) Split Training Program) will receive a character of service of Honorable unless directed otherwise by the separation approval authority. 13. The available evidence shows the applicant was called to active duty for training, he was awarded an MOS, and his net active service exceeded 180 days. In accordance with regulatory guidance in effect at the time and based on current guidance and in the interest of equity the characterization of service should read as honorable. 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, his record of service, his status at the time of completion of his initial entry training and the award of an MOS as a result of that training. The Board found that policy for Reserve Component Soldiers attending individual training on active duty would receive an Honorable character of Service unless directed otherwise by the separation authority. Based on current guidance and in the interest of equity, the Board determined that the applicant’s active duty time should be characterized. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 amending the applicant’s D Form 214 for the period of service ending 19 December 2002 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” 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 635-200 (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. 3. 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 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; “When a Reserve Component Soldier successfully completes initial active duty training the character of service is honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180017011 5 1