ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 June 2019 DOCKET NUMBER: AR20190003527 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable. 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 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 9 November 1988 * Letter of Commendation, dated 21 March 1989 * Basic Combat Training Course Diploma, dated 23 March 1989 * Letter of Commendation, dated 20 June 1989 * Unit Level Communications Maintainer Course Diploma, dated 27 June 1989 * DD Form 214, for the period ending 28 June 1989 * DA Form 638-1 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 16 August 1992 * DA Form 4980-18 (AAM Certificate), dated 20 August 1992 * DA Form 638-1, dated 28 December 1993 * Character Reference Letter, dated 27 January 1994 * DA Form 4980-14 (ARCOM Certificate), dated 6 March 1994 * DD Form 256A (Honorable Discharge Certificate), dated 12 November 1996 * Discharge Orders D-11-696316, dated 12 November 1996 * 17 pages of documents from his official military personnel file (OMPF) * letter from the Town of Fremont, dated 7 February 2019 * self-authored statement, dated 16 February 2019 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: a. It was brought to his attention by his town clerk that his DD Form 214 was in need of correction. His DD Form 214 should reflect his service characterization as honorable. During his time on active duty he received an honor graduate commendation at the completion of basic training. He also received the distinction of being an honor graduate after completing the Unit Level Communications Maintainer Course. Both of these honors should have shown the commander that his performance and conduct were at the highest level in the traditions of being a Soldier. The character of service earned was honorable. b. During his time in the U.S. Army Reserve (USAR), he did strive to be the best. After arriving at his unit, in the rank of E-2, he was placed in charge of communications for the Company. He always demonstrated the highest level of performance and dedication in all that he did. He was recognized for his service during his time as a Soldier with an AAM and also the ARCOM. 3. The applicant enlisted in the USAR on 9 November 1988. He entered active duty for training (ADT) on 18 January 1989, for the purpose of completing his initial entry training. His records indicate he completed his initial entry training and was awarded a military occupational specialty (MOS). 4. The applicant was released from active duty on 28 June 1989, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2h, by reason of completion of initial ADT. The DD Form 214 he was issued shows he completed 5 months and 11 days of net active service this period and his service was uncharacterized. 5. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. 6. AR 635-8, Paragraph 5 indicates that a DD214 will be prepared for RC Solders awarded an MOS even if active duty is less than 90 days and when they successfully complete initial ADT (IADT), the character of service is Honorable unless directed otherwise by the separation approval authority. 7. Orders D-11-696316, issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO on 12 November 1996, ordered the applicant's honorable discharge from the USAR effective 12 November 1996. His discharge occurred 7 years, 4 months, and 15 days after the date his DD Form 214 was issued. 8. The applicant provides several training and award documents that corroborate his contentions vis-à-vis his honor graduate status during basic training and advanced individual training. 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 period of active duty, his completion of training and award of an MOS, he release from active duty, the character of service on his DD form 214 and applicable policy for Reserve Component Soldiers. The Board found that the applicant successfully completed training, the reason he was ordered to active duty, and returned to his Reserve Component units with an awarded MOS. Based on the applicable policy and a preponderance of the evidence, the Board determined his character of service required correction. The Board also determined that the military education entry did not reflect the MOS producing school he completed. 2. After reviewing the application and all supporting documents, the Board found 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 full 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 28 June 1989 as follows: - Item 14 (Military Education) – Unit Level Communications Maintainer Course, 13 weeks, 1989, and; - Item 24 (Character of Service) – “Honorable” vice “Uncharacterized” 11/5/2019 X William J. Sharp CHAIRPERSON Signed by: SHARP.WILLIAM.J.1177143215 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 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. Paragraph 1-4 provided that a DD Form 214 would be prepared for personnel at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the Army National Guard of the U.S. and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training that resulted in the award of an MOS, even though the active duty was less than 90 days. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. a. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Solders 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 ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6x(1) states: "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. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 described the different characterizations of service. a. Paragraph 3-7a states that an honorable discharge is a separation with honor. The honorable characterization 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. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9, of the regulation in effect at the time of his separation, stated that a separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status (emphasis added), except in the following circumstances: (1) when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or (2) when the Secretary of the Army, on a case-by-case basis, determines that an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Section II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT. 5. Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), effective 19 January 2004, set forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different characterizations of service. Paragraph 3-9a (Entry-level-status separation) provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in entry-level status, except when: a. characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; b. the Secretary of the Army, on a case-by-case basis, determines that a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or c. the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment (emphasis added).