ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20190003371 APPLICANT REQUESTS: The applicant requests to change his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 there is no reason his DD Form 214 should read uncharacterized when other Reservist who completed basic training (BT) and advanced individual training (AIT) were discharged from active duty with DD Forms 214 stating an honorable discharge. Having uncharacterized in block 24 confuses civilians and many individuals believe that period of service was not honorable. He completed BT and AIT successfully and was the Honor Graduate for his 13-weeks AIT. He received the Physical Training Patch upon his completion of AIT. He is buying back his military time for federal service and he was told an uncharacterized discharge does not qualify for time that he can purchase back. 3. On 22 October 1997, the applicant enlisted in the U.S. Army Reserve (USAR) for a term of 8 years. On 22 May 1998, he was ordered to active duty for initial active duty for training (IADT) with a report date of 18 September 1998. 4. On 13 January 1998, he was released from active duty (REFRAD) and transferred to his Reserve unit in Upland, CA. with an uncharacterized character of service. He completed 6 months net active service this period. His DD Form 214 shows he was awarded a military occupational specialty (MOS) 92A (Automated Logistical Specialist) and he was awarded or authorized the Army Service Ribbon. The form also shows he was REFRAD because he completed his required active service. 5. The applicant states there is no reason his DD Form 214 should read uncharacterized when other Reservist who completed BT and AIT were discharged from active duty, with DD Forms 214 stating an honorable discharge. His record shows he was on active duty for IADT for a period of 6 months and he was awarded an MOS. 6. In regards to the applicant's request for an upgrade: a. Regulatory guidance, in effect at the time, 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. After reviewing the application and all supporting documents, the Board found the relief is warranted. 2. The Board noted that in accordance with regulation, when a RC Soldier successfully completes initial active duty training that resulted in the award of an MOS, even though the active duty was less than 90 days, the character of service is Honorable unless directed otherwise by the separation approval authority. The applicant met these requirements and his/her records should be corrected to show that he/she was honorably discharged from initial active duty for training for the period ending 13 January 1998. 2 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 that the evidence presented was 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 showing that the applicant was honorably discharged from initial active duty for training for the period ending 13 January 1998 and be issued a new DD Form 214 to that effect. 8/28/2020 X CHAIRPERSON 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 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 (AR) 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//