ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20190000302 APPLICANT REQUESTS: That the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "honorable." He also requests that his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be changed to show his service is characterized as honorable in lieu of under other than honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (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. In response to the applicant's request for his NGB Form 22 (Report of Separation and Record of Service) to show his character of service is honorable in lieu of under other than honorable conditions. Army Regulation (AR) 15-185 provides the policy and procedures for the Board. Paragraph 2-5 states the Board will not consider any application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. A review of the applicant's record failed to reveal evidence indicating that he appealed to your State Adjutant General or the Army National Guard (ARNG) before you applied to the ABCMR in accordance with ARNG policy. a. The applicant may appeal to the Adjutant General of Connecticut, 360 Broad Street, Hartford, CT 06105 or you may appeals to the Army National Guard Bureau 111 S George Mason Drive, Arlington, VA 22204. b. In view of this evidence, this portion of your request will not be further addressed in this Record of Proceedings. 4. In regards to the applicant's request to correct his DD Form 214 to show his characterization of service from uncharacterized to honorable. On 31 March 1998, the applicant enlisted in the Army National Guard of the United States (ARNGUS) for a period of 8 years. 5. His record provides a DD Form 214 that shows he entered active duty to complete training from 3 May 1998 to 6 August 1998 and was awarded military occupational skill (MOS) 12B (Combat Engineer). He was released from Active Duty Training for completion of required active service. a. 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 Alternate Training Program or USAR Split Training Program) will receive a character of service of Honorable unless directed otherwise by the separation approval authority. b. The available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, 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, evidence in the records and policy applicable to Reserve Component Soldiers ordered to active duty for MOS training. The Board considered the applicant’s statement, his record of service, the reason for his order to active duty and the reason for his separation. The Board found that the applicant completed all required training and was awarded an MOS prior to his release from active duty to return to his Army National Guard unit of assignment. Based on a preponderance of evidence, the Board determined that a correction to the character of service the applicant received upon release from active duty was supported as a matter of equity. The Board did not consider his request to correct his NGB 22 due to his failure to exhaust available administrative remedies. 2. 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 the DD form 214 for the period of service ending 6 August 1998 to reflect 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 did not consider the portion of the application that pertains to correction of the applicant’s NGB 22. 7/24/2020 X 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 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.