ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190003577 APPLICANT REQUESTS: The applicant requests upgrade his uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Army Discharge Review Board) * U.S. Army Reserve Discharge Orders * DD Form 256A (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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly shows his character of service as uncharacterized; he asserts he earned an honorable discharge and offers supporting evidence. 3. On 8 December 1994, the applicant enlisted into the U.S. Army Reserve (USAR) for 8 years. His service record provides evidence showing he entered initial active for training (IADT) on 1 June 1995; on 3 August 1995, upon completion of basic combat training (BCT), he was released from active duty. On 29 November 1996, orders directed him to a second period of IADT; he was awarded military occupational specialty (MOS) 51T (Technical Engineer Specialist) and, on 25 April 1997, was released from active duty. He was subsequently transferred to a USAR Troop Program Unit. His DD Form 214 indicates the following: * Item 23 (Type of Separation) – Relief from IADT * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation) * Item 26 (Separation Code) – MBK (Completion of Required Active Service) * Item 28 (Narrative Reason for Separation) – Completion of Required Active Service 4. In regard to his DD Form 214, received upon completion of his second period of IADT: a. At the time the applicant separated, regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status. USAR Soldiers ordered to IADT for split training (i.e. Phase I for BCT and Phase II for advanced individual training) remained in an entry-level status until they had completed more than 90 days of Phase II continuous active duty. However, the current separation regulation states Reserve Component (RC) Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IET (both Phase I and Phase II), been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was ordered to Phases I and II of IADT/IET and awarded an MOS; following his second period of active duty, he returned to his USAR unit. Although, based on then-current regulatory guidance, his DD Form 214 properly reflects a characterization of "uncharacterized," it would be appropriate to revise his character of service to honorable, given current guidance, and in the interest of equity. 5. The applicant provides a copy of orders showing his honorable discharge from the USAR, effective 10 December 2002. These orders are applicable to his military service obligation (MSO). An MSO refers to the total required service (active duty and reserve commitments) that an individual must serve upon accepting an appointment with a military service. 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 reason for his period of active duty, his completion of required training and award of an MOS, the reason for his separation and current policy pertaining the Reserve Component Soldiers ordered to active duty for training. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation from training required correction. The Board concurs with the correction stated in the Administrative Note(s) below. 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: In addition to the correction stated in the Administrative Note(s) that follow, 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 the applicant’s DD Form 214 for the period of service ending 25 April 1997 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” 11/12/2019 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. ADMINISTRATIVE NOTE(S): 1. As discussed below, amend the applicant's DD Form 214, ending 25 April 1997, by adding the Army Service Ribbon. 2. AR 600-8-22 (Military Awards) states the Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training (i.e. both BCT and AIT). 3. AR 635-8 states the DD Form 214 will list all Federally-recognized awards and decorations for all periods of service. 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. //NOTHING FOLLOWS//