IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20190006245 APPLICANT REQUESTS: The applicant requests: * correction of her pay grade, rate, and rank * her uncharacterized character of service changed to honorable * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending 16 November 1990 * Orders, D-11-788466, issued by U.S. Army Reserve Personnel Center, dated 25 November 1997 * Verification of Military Experience and Training, dated 1 January 2018 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 she proudly and honorably served her country in the U.S. Army. The documents provided are proof of her service, experience, and training with the military. 3. On 22 November 1989, the applicant enlisted in the U.S. Army Reserve (USAR) for a term of 8 years. 4. By Orders 245-023, dated 27 November 1989, the applicant was ordered to active duty for initial active duty for training (IADT), basic training (BT) and advanced individual training (AIT), with an initial report date to Fort Jackson, SC, of 6 July 1990 and an AIT report date of 7 September 1990 to Fort Gordon, GA. She entered active duty on 6 July 1990 as a private (PV1/E1). 5. On 16 November 1990, she was released from active duty. She completed 4 months and 11 days of net active service this period. Her DD Form 214, shows: * Item 4a (Grade, Rate or Rank): PV2 * Item 4b (Pay Grade): E2 * Item 11 (Primary Specialty): 31K10 Combat Signaler * Item 24 (Character of Service): Uncharacterized * Item 28 (Narrative Reason for Separation): Expiration Term of Service 6. The applicant provides: * a DD Form 214 for period ending 16 November 1990 [completion of IADT] * a copy of Orders D-11-788466, dated 25 November 1997, which show the applicant was a specialist (SPC/E4) honorably discharged for completing her military service obligation on 24 November 1997 * verification of Military Experience and Training, dated 1 January 2018, shows her pay grade as E-4 and provides details of her military experience history and training * Neither the applicant nor her records provide evidence to show she was a different rank/grade at the time she was released from active duty on 16 November 1990. 7. The applicant states she proudly and honorably served her country in the U.S. Army and the documents provided is proof of her service, experience, and training with the military. Her record shows she was awarded a military occupational specialty, she completed 4 months and 11 days (131 days) net active service this period, and she was the rank/grade of PV2/E-2 at the time of separation. 8. The applicant requests an upgrade. The available evidence shows the applicant was called to active duty for training, awarded an MOS and served approximately 131 days of active duty prior to being released and returned to her reserve unit of assignment. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, effective 1 March 2014 regulatory guidance changed and provides entry level soldier who complete IADT and are awarded an MOS will be given an honorable discharge; unless other characterization is directed by the separation authority. 9. The applicant provides a copy of orders showing her honorable discharge from the USAR, effective 25 November 1997 that shows her rank as specialist. These orders are applicable to completion of her military service obligation (MSO) not her service while on active duty. 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. It is a common misconception that the DD Form(s) 214 received upon completion of active duty should reflect the information on published MSO orders. 10. Army Regulation (AR) 15-185 states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of the ABCMR. BOARD DISCUSSION: 1. When the applicant was released from active duty after completing MOS training in 1990, policy required that her service be uncharacterized based on her length of service. Policy has since changed, and the Board agreed that, as a matter of equity, the applicant's DD Form 214 for the period ending 24 May 1986 should be corrected to show her service was honorable. 2. The Board found no evidence of error related to the applicant's rank/grade. At the time of her release from active duty in 1990, she held pay grade E-2, as shown on her DD Form 214. The Board found no evidence of error in the rank/grade shown on her DD Form 214. The Board further noted that the highest rank/grade she held is documented on the orders honorably discharging her from the USAR in 1997. 3. The Board agreed that the available evidence was sufficient to fully and fairly adjudicate this case without a personal appearance by the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing her DD Form 214 for the period ending 16 November 1990 to show her service was characterized as honorable. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, 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. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents which 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. 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). * item 4a and b (Grade, Rate or Rank and Pay Grade), enter active duty grade of rank and pay grade at time of separation. * item 24 (Character of Service), it states characterization or description of service is determined by directives authorizing separation. Proper completion of this block is vital since it affects the soldier's eligibility for post-service benefits. 4. AR 635-8 (Separation Processing and Documents), currently in effect superseded AR 635-5. It 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. 5. United States Code 651 (Members: Required Service) states each person who becomes a member of an armed force, other than a person deferred under the Military Selective Service, in the armed forces for a total initial period of not less than six and no more than eight years. Any part of such service that is not active duty or that is active duty for training shall be performed in a reserve component. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190006245 5 ABCMR Record of Proceedings (cont) AR20190006245 4