ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20190001949


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty to show his service was characterized as honorable instead 
of uncharacterized.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214, for the period ending 11 December 1992
*	DD Form 256 (Honorable Discharge Certificate), dated 28 March 2000

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 needs his DD Form 214 changed from uncharacterized to 
honorable so he can have veteran status on his enhanced license.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 24 March 1992.  He 
entered active duty on 3 September 1992 for the purpose of completing his initial active 
duty for training (ADT).  Upon his completion of military occupational specialty (MOS) 
training, he was awarded an MOS and was released from active duty on 11 December 
1992 to the control of the USAR.  The DD Form 214 he was issued shows he completed 
3 months and 9 days of net active service and his service was uncharacterized.

4.  The applicant’s record contains a checklist for unsatisfactory participation covering 
the period 11 February to 4 June 1994, which shows he accumulated ten unexcused 
absences over the following periods:  11 February 1994 (1); 12 February 1994 (2); 
13 February 1994 (1); 20 May 1995 (1); 21 May 1994 (2); 22 May 1994 (1); and 4 June 
1994 (2).

5.  A letter from the Commander, 329th Medical Ambulance Company, Erie, PA, dated 
7 June 1994, shows the applicant was charged with ten unexcused absences within a 
1-year period.  He was declared an unsatisfactory participant under the provisions of 
Army Regulation Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, 
Participation Requirements and Enforcement Procedures).  The unexcused absence 
notification was acknowledged by the applicant via return receipt on 18 June 1994.

6.  Orders Number 200-312, issued by Headquarters, 99th USAR Command, Oakdale, 
PA, dated 30 August 1994, reassigned the applicant by reason of unsatisfactory 
participation, effective 7 July 1994.

7.  Orders D-03-018677, issued by USAR Personnel Command, St Louis, MO, on 
28 March 2000, honorably discharged the applicant from the USAR Control Group.

8.  Soldiers are considered to be in an entry-level status when they are within their first 
180 days of active duty service.  The evidence of record shows the applicant was in an 
entry-level status at the time of his release from ADT.  As a result, his service was 
appropriately described as "uncharacterized" in accordance with governing regulations.

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, the MOS he received upon completion of training, the reason for his separation 
from active duty and the policy for issuing DD Forms 214 to USAR Soldiers.  The Board 
found there was sufficient evidence to support a change to his record of active duty to 
change the character of service he received.

2.  After reviewing the application and all supporting documents, the Board determined 
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 his DD Form 
214 for the period of service ending 11 December 1982 as follows:  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 135-178 (Army National Guard and Army Reserve – Enlisted 
Administrative Separations) sets forth the basic authority for the separation of enlisted 
Reserve Component personnel.  

	a.  Paragraph 2-9a provides that an honorable characterization of service is 
appropriate when the quality of the Soldier's service generally has met the standards of 
acceptable conduct and performance of duty for Army personnel or is otherwise so 
meritorious that any other characterization would be clearly inappropriate.

	b.  Paragraph 2-9b provides that a general (under honorable conditions) 
characterization of service is warranted when significant negative aspects of the 
Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's 
military record.

	c.  Paragraph 2-9c provides that service may be characterized as under other than 
honorable conditions when discharge is for misconduct, fraudulent entry, unsatisfactory 
participation, or security reasons.

3.  Army Regulation 635-5 (Separation Documents), paragraph 2-1, provides the 
instructions for preparing the DD Form 214.  This regulation provides that:

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous 
active duty.  It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge.  

	b.  The DD Form 214 will be prepared for Reserve Component (RC) members 
completing initial ADT that results in the award of a military occupational specialty, even 
when the active duty period was less than 90 days.  

	c.  The characterization or description of service is determined by directives 
authorizing separation.

4.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at 
the time, set forth the basic authority for the separation of enlisted personnel.

	a.	It provides that an uncharacterized separation is an entry-level separation.  A 
separation will be described as an entry-level separation if processing is initiated while a 
member is in an entry-level status (except when the characterization of under other than 
honorable condition is authorized), or when the Secretary of the Army, on a case-by-
case basis, determines that a honorable discharge is clearly warranted by the presence 
of unusual circumstances involving personal conduct and performance of duty.

	b.	A member of a Reserve component who is not on active duty, or who is serving 
under a call or order to active duty for 180 days or less, begins entry-level status upon 
enlistment in a Reserve component.  Entry-level status of such a member of a Reserve 
component terminates (a) 180 days after beginning training if the Soldier is ordered to 
ADT for one continuous period of 180 days or more; or (b) 90 days after the beginning 
of the second period of ADT if the Soldier is ordered to ADT under a program that splits 
the training into two or more separate periods of active duty.

ABCMR Record of Proceedings (cont)	 AR20190001949

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