ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  26 July 2019

	DOCKET NUMBER:  AR20190008182


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 12 May 1989, to show his period of initial active duty training (IADT) 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)

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 completed his required active duty training and went on to complete his Reserve enlistment.  He needs the correction to obtain State educational benefits. 

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 28 December 1988.

4.  The applicant successfully completed basic training and advanced individual training, was awarded military occupational specialty (MOS) 62B, and was released from active duty training (ADT) and returned to his USAR unit on 12 May 1989.  The DD Form 214 issued at that time shows he completed 4 months and 15 days of active service this period and his service was uncharacterized.

5.  Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service.  The evidence of record shows the applicant was in an entry-level status at the time of his separation.  As a result, his service was described as "uncharacterized" for this period of active service, in accordance with governing regulations at the time.  

6.  The applicant was honorably discharged from the USAR on 25 September 1996.

7.  Department of Defense Directive 1332.28 (Discharge Review Board Procedures and Standards), issued 4 April 2004, allowed for the application of current standards for granting relief in a discharge review.

8.  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."


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 completion of training and award of an MOS, his release to his USAR unit after training and current policy regarding characterization of service for USAR Soldiers.  The Board determined for reasons of equity, that a change to the applicant’s character of service was warranted. 

2.  After reviewing the application and all supporting documents, the Board found 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:

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 applicant’s DD Form 214 for the period of service ending 12 May 1989 to show in item 24 (Character of Service) - “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.

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.  Department of Defense Directive 1332.28 provides that a discharge shall be considered inequitable when the policies and procedures currently in effect provide a substantial enhancement of an individual’s rights.

3.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides the following:

   a.  The character of service for administrative separations is a determination reflecting a Soldier's military behavior and performance of duty during a specific period of service.  There are three characterizations: Honorable; Under Honorable Conditions; and Under Other Than Honorable Conditions.  A Soldier's service in an entry level status is normally described as uncharacterized. 
      
   b.  For USAR Soldiers, entry level status begins when they are ordered to IADT for one continuous period.  It terminates 180 days after beginning training or if the Soldier is ordered to IADT under the split or alternate training option, it terminates 90 days after the beginning of their Phase II training.  
   
4.  Army Regulation 635-5 (Separation Documents), then in effect, 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 Army National Guard of the U.S. 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.  

5.  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.

   c. 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).

   d.  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."

6.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), then in effect, 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.

7.  Army Regulation 635-200 (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).
   
   
   
      

ABCMR Record of Proceedings (cont)	 AR20190008182
0

3


1