IN THE CASE OF: BOARD DATE: 15 November 2019 DOCKET NUMBER: AR20190006794 APPLICANT REQUESTS: The applicant requests to change his uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 the Office of Personnel Management will not allow him to receive credit for this time period due to the character of service. 3. On 1 October 1990, he enlisted in the Vermont Army National Guard for a period of 8 years. 4. His service record contained Orders 80-17 awarding him primary military occupational specialty 19E (M48-M60 Armor Crewman), effective 3 May 1991. 5. The applicant’s DD Form 214 for the period ending 4 May 1991 shows: * he entered active duty to complete initial active duty for training (IADT) on 27 January 1991 * he was awarded military occupational specialty (MOS) 19E1O (M48-M60 Armor Crewman) * he was released from active duty training and transferred to his Vermont Army National Guard unit on 4 May 1991 * he completed 3 months and 8 days of net active service this period * his character of service was listed as “uncharacterized” 6. Regulatory guidance in effect at the time he was separated stated an uncharacterized separation is an entry-level separation; for Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training. However, current regulatory 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 the Army National Guard of the United States (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. 7. The available evidence shows the applicant was ordered 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 regulatory 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, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, the reason for his active duty, his completion of required training, award of an MOS and return to his ARNG unit of assignment upon separation. The Board considered the Army policy for preparation of separation documents for Reserve Component 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 or the period of service ending 4 May 1991 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 (Personnel Separations – Enlisted Personnel) in effect at the time of the Soldiers separation, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. The regulation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect, prescribes the transition processing function of the military personnel system. The regulation contains guidance in paragraph 5-6x stating for Block 24 (Characterization of Service) the correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The regulation states “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”. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006794 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190006794 4 ABCMR Record of Proceedings (cont) AR20190006794 3