IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20190006570 APPLICANT REQUESTS: The applicant requests his entry level status character of service be changed to an honorable character of service. 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 24 May 1986 * Defense Finance and Accounting Service (DFAS) Notice of Military Service Deposit Payment Completion, dated 19 November 2013 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. On 25 January 1986, the applicant enlisted in the Army National Guard (ARNGUS) for a term of 8 years. His record provides evidence that shows he entered active duty to complete training from 12 February 1986 to 24 May 1986 and was awarded military occupational specialty (MOS) 13B (Cannon Crewman). His DD Form 214 shows: * Type of Separation: Relief from Active Duty * Character of Service: Entry Level Status * Separation Authority: Army Regulation (AR) 635-200, Chapter 4 * Separation Code: LBK * Narrative Reason for Separation: Expiration Term of Service 3. The applicant provides DD Form 149 and DD Form 214 for period ending 24 May 1986, both discussed above. He also provides DFAS Notice of Military Service Deposit Payment Completion, dated 19 November 2013, which shows various service periods in which his payment for military service deposit had been received and processed by DFAS, and paid in full. 4. Regulatory guidance, in effect at the time, 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. BOARD DISCUSSION: When the applicant was released from active duty after completing MOS training in 1986, policy required that his service be characterized as entry level. 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 his service was honorable. 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 reissuing his DD Form 214 for the period ending 24 May 1986 to show his service was characterized as honorable. 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 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 635-8 (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) AR20190006570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190006570 4 ABCMR Record of Proceedings (cont) AR20190006570 3