ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  15 July 2019

	DOCKET NUMBER:  AR20190005907


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his service was characterized as either under 
honorable conditions (general) or 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 26 March 2019
*	DD Form 214, for the period ending 15 November 1991
*	an email from an individual pertaining to his service computation date, forwarded 
to him on 27 September 2018

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 he received an uncharacterized discharge from the Army upon 
the completion of his training.  However, he was active for over 180 days and his time in 
the service is not being recognized.  The Office of Personnel Management states any 
active duty for training as a Reserve Soldier should be counted for leave purposes; 
however, the service must be under honorable conditions.  His service is not being 
perceived as honorable.  He served his time for training and he deserves to have his 
time counted for his civilian record and transmitted for leave purposes.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 23 August 1990.

4.  Order 173-023, issued by the St. Louis Military Entrance Processing Station (MEPS), 
St. Louis, Missouri on 4 September 1990, ordered the applicant to initial active duty for 
training, effective 7 May 1991.

5.  Orders Number 91-10, issued by the MEPS, St. Louis, Missouri on 7 May 1991, 
amended Orders 173-023 to show his reporting date as 8 May 1991.

6.  Orders 255-213, issued by Headquarter, U.S. Army Aviation Center and Fort Rucker, 
Fort Rucker, Alabama on 12 September 1991, awarded the applicant military 
occupational specialty (MOS) 67N10 (Helicopter Repairer), effective 18 November 
1991, or upon completion of training.

7.  The applicant was released from active duty (REFRAD) on 15 November 1991 and 
he was returned to his USAR unit to complete his Reserve obligation.  He completed 
6 months and 8 days of net active service this period.  His DD Form 214 shows in:

*	Item 12c (Record of Service – Net Active Service This Period) – "00  06  08," 
meaning he was credited with completing six months and eight days of active 
duty prior to his REFRAD
*	Item 24 (Character Of Service) – "Uncharacterized"
*	Item 25 (Separation Authority) – "AR 635-200 [Personnel Separations – Enlisted 
Personnel], Para 2-4"

8.  The applicant provides an email from an individual who identifies herself as "Lead, 
Data Integrity and Personnel Records," explaining why his prior military service is not 
creditable towards his Service Computation Date.

BOARD DISCUSSION:

1.  The Board considered the applicant’s request, supporting documents and evidence 
in the records.  The Board considered the applicant’s component at the time of active 
duty, the award of an MOS and completion of required training.  The Board found that 
the applicant was released from active duty upon the successful completion of training 
and determined his character of service and narrative reason for separation should be 
corrected.  The Board concurs with the administrative correction stated in Note(s) 
below.

2.    After reviewing the application and all supporting documents, the Board determined 
that 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 administrative correction stated below, 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 his DD Form 214 with effective date of 15 November 1991 as 
follows:

* item 24 (Character of Service):  “Honorable” vice “Uncharacterized”
* item 26 (Separation Code):  “KBK” vice “LBK”
* item 28 (Narrative Reason for Separation):  “Completion of required active service” 
vice “Expiration term of service”

 


	  
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):

A review of the applicant's record shows his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 15 November 1991, shows an 
incorrect separation authority, which may affect his eligibility for post-service benefits.  
As a result, amend the item 25 (Separation Authority) on his DD Form 214 by deleting 
the entry "AR 635-200, PARA 2-4" and adding the entry "AR 635-200, PARA 4-2."


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), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It established standardized policy for the 
preparation of the DD Form 214.  The regulation stated that the DD Form 214 was a 
synopsis of the Soldier's most recent period of continuous active duty.  It provided a 
brief, clear-cut record of active Army service at the time of REFRAD, retirement, or 
discharge.

3.  Army Regulation 635-8 (Separation Processing and Documents), paragraph 5-6 
(Rules for completing the DD Form 214) states, in pertinent part, that 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.

4.  Army Regulation 635-200, in effect at the time:

   a.  Paragraph 2-4 provided procedures for separation and pertained to 
Administrative Board Procedure Notices.  

   b.  Paragraph 4-2 provided for the Separation for Expiration of Service Obligation 
and it pertained to the discharge or REFRAD upon termination of enlistment, and other 
periods of active duty or active duty for training.

   c.  Paragraph 4-4 stated a Soldier being separated upon expiration of enlistment or 
fulfillment of service obligation will be awarded a character of service of honorable, 
unless the soldier is in entry level status and service is uncharacterized.

   d.  Paragraph 11-3 stated a member of a Reserve component who is not on active duty 
or who is serving under a call or order to active duty for 180 days or less begins entry-level 
status upon enlistment in a Reserve component.  Entry-level status of such a member of a 
Reserve component terminates 180 days after beginning training if the Soldier is ordered 
to active duty for training (ADT) for one continuous period of 180 days or more. 

5.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
currently in effect, set forth the policies, standards, and procedures to insure the 
readiness and competency of the force while providing for the orderly administrative 
separation of enlisted members for a variety of reasons.

   a.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law.  The honorable characterization is 
appropriate when the quality of the member'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.

   b.  Paragraph 3-7b provides that a general discharge is a separation from the Army 
under honorable conditions.  When authorized, it is issued to a Soldier whose military 
record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	c.  Paragraph 3-9a provides 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 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.


ABCMR Record of Proceedings (cont)	 AR20190005907

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