ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 May 2019 DOCKET NUMBER: AR20190002795 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service was characterized as honorable * he was separated in the rank/grade of specialist (SPC)/E4 instead of private (PVT)/E-1 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), with self-authored statement dated 10 January 2019 * DD Form 214 pages 6 and 7, for the period ending 26 June 1986 * Orders Number C-C9-048703, issued by the U.S. Army Reserve (USAR) Personnel Center (ARPERCEN), St. Louis, MO on 22 September 1989 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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. The applicant states he was in the USAR and served his required time. His unit was in Kenner, LA. When his unit inactivated, he was given the option to change his unit location to Baton Rouge, change his military occupational specialty (MOS), or be discharged. Baton Rouge was outside of his location and would have been difficult to get to. He liked his MOS and did not desire to change it. He chose to be discharged. Had he known he would receive an uncharacterized discharge, he would not have accepted the offer to separate and receive a negative discharge on his DD Form 214. 3. The applicant enlisted in the USAR on 26 February 1986. He entered active duty for training on 20 March 1986, for the purpose of completing his initial entry training. His record indicates he completed his initial entry training on 26 June 1986. 4. The applicant was released from active duty (REFRAD) on 26 June 1986, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon the completion of his initial entry training. The DD Form 214 he was issued shows he completed 3 months and 7 days of net active service this period, he was awarded the MOS 12B (Combat Engineer), his service was uncharacterized, and the narrative reason for separation was "Expiration Term of Service." 5. Army Regulation 635-200 provides that 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 separation. 6. USAR Orders Number D-03-418699, issued by ARPERCEN on 1 March 1994, honorably discharged the applicant from the USAR effective 1 March 1994. These orders show he was discharged in the rank/grade of SPC/E-4. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant partial relief. 1. Regarding the applicant’s request to update his discharge to indicate honorable, the Board found sufficient evidence to grant this portion of the applicant’s request. Regulatory guidance indicates that USAR and ARNG Soldiers are granted an honorable discharge if they complete training, receive an MOS and are returned to their units. 2. However, regarding the applicant’s request to correct his rank and pay grade from Private (PV1/E-1) to Specialist (SPC/E-4), the record indicates that the applicant was promoted to SPC/E-4 after his period of active service. Therefore, the Board denied relief regarding this portion of the applicant’s request. 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: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s discharge characterization on his DD Form 214 to “Honorable.” 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 amending his rank on his DD Form 214. 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, U.S. Code, 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 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty, to include attendance at basic and advanced training, and was prepared for all personnel at the time of their retirement, discharge, or release from active duty. 3. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. This regulation provides that: a. 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. Separating USAR Soldiers who successfully complete a period of Initial Active Duty Training to which ordered, will be considered in an entry level status and their service will be characterized as "uncharacterized," despite having successfully completed their IADT period. //NOTHING FOLLOWS