ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20190009113 APPLICANT REQUESTS: The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "Entry Level Status" to "honorable," and that his rank/pay grade be changed to specialist four/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (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 block 24 (Character of Service) of his DD Form 214 should show “honorable” and block 4b (Pay Grade) should list “E-4.” He also states he does not believe his discharge was updated or an old form was sent to him. 3. The applicant’s Personnel Qualification Record shows on 26 April 1984, he enlisted in the U.S. Army Reserve (USAR), in the rank/pay grade of private first class (PFC)/E-3 [for 6 years]. He was ordered to initial active duty for training (IADT) [under the split training program] with a report date of 14 June 1984. On 20 June 1984, he entered basic training. On 17 August 1984, he was released from active duty and returned to his unit of assignment. On 30 July 1980, he was ordered to active duty to complete advanced individual training. 4. His record contains a DD Form 214 that shows he entered active duty to complete advanced individual training from 30 July to 13 September 1985 and he was awarded military occupational specialty (MOS) 76V (Material Storage and Handling Specialist). He was released from ADT due to expiration term of service and his character of service is listed as, “Entry Level Status.” 5. 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 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. 6. His record contains a DA Form 4187 (Personnel Action) showing he was advanced to the rank/grade of specialist four/E-4, effective 15 November 1987, after he completed ADT. BOARD DISCUSSION: 1. The Board agreed that the evidence supports a recommendation to change the characterization of service shown on his DD Form 214 from "Entry Level Status" to "honorable." The applicant was released from active duty after completing IADT and he was awarded an MOS. It would be appropriate to apply current regulatory guidance in this case and show his service was characterized as honorable upon his release from IADT. 2. The applicant was advanced to specialist four/E-4 after the period covered by his DD Form 214. A DD Form 214 is intended to reflect the rank/grade a Soldier holds at the time of release from active duty. The Board agreed that there is no basis for correcting a DD Form 214 to reflect a rank/grade earned after the period covered by the DD Form 214. 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 his DD Form 214 for the period ending 13 September 1985 to show his 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 correcting his DD Form 214 to show he held the rank/grade of specialist four/E-4. 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 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 his separation 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. a. The regulation contains guidance in 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; “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. b. The regulation provides that a DD Form 214 will show the rank/grade a Soldier holds at the time of release from active duty. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190009113 4 1