BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190005307 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 June 1984, 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), dated 16 April 2019 * DA Forms 2139 (Military Pay Vouchers), dated 21 February and 15 June 1984 * DA Form 428 (Application for Identification Card), dated 22 February 1984 * DA Form 87 (Certificate of Training), for successful completion of Initial Entry Training, from 28 February 1984 thru 27 April 1984 * DA Form 87, for successful completion of the Motor Transport Operator Course, on 14 June 1984 * Orders Number 163-155, releasing him from active duty for training (ADT), on 15 June 1984 * DD Form 214, for the period ending 15 June 1984 * DA Form 2-1 (Personnel Qualification Record – Part II) * Memorandum for Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter), dated 9 December 2003 * Orders Number 202-866, issued by the North Carolina Army National Guard (NCARNG) on 20 July 2004 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 30 September 2004 * DA Form 4250 (Certificate of Retirement), dated 31 January 2019 * DD Form 2 (United States Uniformed Services – Identification Card), Retired 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, in effect, he was released from active duty and returned to the control of the NCARNG. He purchased his active duty military time towards his civil service retirement in 1991 (Military Deposit). He met all requirements at the time. Now, the Office of Personnel Management (OPM) will not accept his DD Form 214 with an "uncharacterized" character of service. He would like to have this changed, so that his Military Deposit will be honored. He is a National Guard retiree with over twenty years of service and a civil service employee with over thirty five years of service. 3. The applicant enlisted in the NCARNG on 15 November 1983. He entered ADT on 20 February 1984, for the purpose of completing his initial entry training. His record indicates he completed his initial entry training on 15 June 1984, was awarded a military occupational specialty (MOS), and was released from active duty and returned to the control of the NCARNG. 4. The applicant was released from active duty (REFRAD) on 15 June 1984, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-9, upon the completion of his initial entry training. The DD Form 214 he was issued shows he completed three months and 26 days of net active service this period, he was awarded MOS 64C (Motor Transport Operator), his service was uncharacterized, and the narrative reason for separation was "Reserve Component Personnel Upon Completion of MOS TNG or Early Release of RCP." 5. With respect to the applicant's request for a change in characterization: a. Regulatory guidance in effect at the time he was separated provided that an uncharacterized separation was an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminated 180 days after beginning training. However, current guidance provides that Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period is less than 90 days (for example, completion of the advanced individual training component of ARNG of the U.S. (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 ADT and was 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 honorable. 6. NCARNG Orders Number 202-866, issued by NCARNG on 20 July 2004, honorably retired the applicant from the ARNG effective 30 September 2004. These orders show he was discharged in the rank/grade of SFC/E-7. 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 active duty service, the reason for his separation and applicable policies. The Board found the applicant was ordered to active duty, completed all required training, was awarded an MOS and discharged to return to his reserve component unit. The Board found that policy supports an honorable discharge in this case and determined that a correction to the applicant’s DD Form 214 was appropriate. 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 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 of the individual concerned for the period of service ending 15 June 1984 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 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 DD Form 214 (Certificate of Release or Discharge from Active Duty). Paragraph 1-4 provided that a DD Form 214 will be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the ARNGUS 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005307 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190005307 6 ABCMR Record of Proceedings (cont) AR20190005307 4