ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:   10 October 2019DOCKET NUMBER:  AR20190004205 


APPLICANT REQUESTS:  The applicant requests to change his uncharacterized character of service to honorable.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Forms 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, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his DD Form 214 from when he was released from training in1999 shows in block 24 (character of service) “uncharacterized”.  He believes it shouldsay honorable which had been the manner in which he had served all his military time.He needs this correction to buy his military time back.  In addition, he has served all hismilitary time in an honorable manner and he would expect it to be on the documentsthat he would get from the service.

3.On 17 November 1998, he enlisted in the Puerto Rico Army National Guard(PRARNG) for a period of 8 years.

4.His service record shows he was ordered to initial active duty for training (IADT) on4 June 1999 to complete training requirements, and he completed the militaryoccupational specialty (MOS) 13B (Cannon Crewmember) course.

5.His DD Form 214 shows:

.4 June 1999, he entered active duty this period

.his primary specialty was listed as MOS 13B (Cannon Crewmember)


.29 October 1999, he completed IADT and was released from active dutytraining and transferred to his PRARNG unit

.he completed 4 months and 26 days of net active service this period

.his character of service was listed as “uncharacterized”



6.Regulatory guidance in effect at the time he was separated stated anuncharacterized separation is an entry-level separation; for Soldiers ordered to initialADT, entry-level status terminates 180 days after beginning training.  However, currentguidance states Reserve Component Soldiers completing active duty that results in theaward of an MOS, even when the active duty period was less than 90 days (forexample, completion of the advanced individual training component of the ArmyNational Guard of the United States (ARNGUS) Alternate Training Program or USARSplit Training Program) will receive a character of service of honorable unless directedotherwise by the separation approval authority.

7.The available evidence shows the applicant was ordered to active duty for trainingand awarded an MOS.  Although his DD Form 214 properly reflects his characterizationof service as "uncharacterized" in accordance with regulatory guidance in effect at thetime, based on current guidance and in the interest of equity the characterization ofservice should read as honorable.

BOARD DISCUSSION: 

1.Army Regulation 635-8 (Separation Processing and Documents) currently in effect,Soldiers who are separated while in entry level status (first 180 days of active duty) willreceive an uncharacterized discharge, except when a Soldier has less than 181 days ofcontinuous active military service, has completed Initial Entry Training, has beenawarded a military occupational skill (MOS), and has reported for duty at a follow-onunit of assignment.  Army Regulation 635-8 (Separation Processing and Documents),currently in effect, states “When a Reserve Component Soldier successfully completesinitial active duty training the character of service is honorable unless directed otherwiseby the separation approval authority will be given an honorable character of service iftheir service is otherwise honorable.”

2.The records show that the applicant completed IADT, was awarded a MOS, and hisservice was otherwise honorable.  Accordingly, his character of service for this periodshould be honorable.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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 showing his character of service as honorable on his DD Form 214 for the period ending 29 October 1999. 

X 

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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) currently ineffect states that Soldiers who are separated while in entry level status (first 180 days ofactive duty) will receive an uncharacterized discharge except when a Soldier has lessthan 181 days of continuous active military service, has completed Initial Entry Training
(or Initial Active Duty for Training (IADT), has been awarded a military occupational skill MOS), and has reported for duty at a follow-on unit of assignment. 
 
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 paragraph 5-6x 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.  It states “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.” 
 
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