IN THE CASE OF: BOARD DATE: 27 January 2020 DOCKET NUMBER: AR20190002290 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, when he received his DD Form 214 (Certificate of Release or Discharge from Active Duty), it showed his character of service as uncharacterized; however, he was issued an Honorable Discharge Certificate when he completed his time in the U.S. Army Reserve (USAR). The applicant provides a copy of his Honorable Discharge Certificate, dated in 1993. 3. On 8 November 1985, the applicant enlisted into the U.S. Army Reserve (USAR) for 8 years. His service record provides evidence that he entered active duty to complete initial entry training (IET) from 27 December 1985 through 18 April 1986, and he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator). His DD Form 214 shows he was released from active duty (REFRAD) on 18 April 1986 under the provisions of Army Regulation 635-200, Chapter 4 with a characterization of service of uncharacterized. 4. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded an MOS. His DD Form 214 reflects his a characterization of service in accordance with regulatory guidance in effect at the time that stated the service of entry-level Soldiers (i.e., Soldiers with 180 or fewer days of service) would be uncharacterized. Regulatory guidance later changed to state entry- level soldiers who completed IADT and were awarded an MOS were to be given an honorable discharge, unless otherwise directed by the separation authority. BOARD DISCUSSION: The Board agreed that, although the applicant's DD Form 214 reflects "uncharacterized" service in accordance with the regulation in effect at the time of his release from active duty, in light of the subsequent policy change, and as a matter of equity, his DD Form 214 should be corrected to show his service was 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 his DD Form 214 for the period ending 18 April 1986 to show his service was characterized 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 states a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except under specific circumstances. For Army National Guard (ARNG) and USAR Soldiers, entry level status begins upon enlistment in the Army National Guard or U.S. Army Reserve and terminates for Soldiers ordered to IADT for one continuous period-180 days after beginning training or 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. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states a DD Form 214 will be prepared for Reserve Component (RC) Soldiers awarded an MOS even if active duty is less than 90 days. RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the Army National Guard of the United States (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. 4. Title 10, USC, section 651 (Members: Required Service) states each person who becomes a member of an armed force, other than a person deferred under the Military Selective Service Act, shall serve in the armed forces for a total initial period of not less than six and no more than eight years. Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002290 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190002290 4 ABCMR Record of Proceedings (cont) AR20190002290 3