IN THE CASE OF: BOARD DATE: 15 November 2019 DOCKET NUMBER: AR20190004433 APPLICANT REQUESTS: The applicant requests his characterization of service be changed to reflect honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 he wants his DD Form 214, box 24 which reads uncharacterized changed to honorable because his contract was completed satisfactory. 3. On 25 July 1995, the applicant enlisted in the Army Reserve for 8 years. His records show, on 25 October 1995, he entered the Regular Army to attend initial entry training for military occupational skill (MOS) 91D, Tactical Power Generation Specialist. However, his records show his training was changed to him earning MOS 91B, Combat Medical Specialist. His records also show he was released and returned to his unit of assignment on 16 April 1996. His DD Form 214 shows: * Character of Service: Uncharacterized * Narrative Reason for Separation: Release from ADT [active duty training] * Separation Code: NA * Reentry Code: NA 4. Regulatory guidance in effect at the time he was separated 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. 5. 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. 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, his successful completion of required training, award of an MOS and return to his USAR unit of assignment upon separation. The Board considered the Army policy pertaining to discharge of USAR Soldiers ordered to active duty for MOS training. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation should be corrected as a matter of equity. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 amending the DD Form 214 for the period of service ending 16 April 1996 to reflect in item 24 (Character of Service) – ‘Honorable’ vice “Uncharacterized.” 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 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 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. The reason and authority for separation will be entered according to Army Regulation 635-5-1. 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// ABCMR Record of Proceedings (cont) AR20190004433 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings 1