IN THE CASE OF: BOARD DATE: 17 September 2019 DOCKET NUMBER: AR20190009278 APPLICANT REQUESTS: The applicant requests to change his character of service from uncharacterized to honorable. 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) 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 he would like to change his “uncharacterized” character of service. At some point between 2004 and 2006 his “dog tags” were stolen in the same timeframe he received a letter from the Army that his identity was stolen. He does not know the results. Prior to his discharge he lost a few of his friends. He was 19 years old and his mind was a wreck. He lost track of thinking for himself. 3. On 20 August 1997, he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years. 4. On 8 October 1997, the applicant was ordered to initial active duty for training (IADT) for the purpose of completing basic and military occupational specialty (MOS) training. His DD Form 214 shows: * 8 October 1997, he entered active duty this period * he completed the Light Wheel Vehicle Mechanic course in March 1998 and was awarded MOS 63B (Light Wheel Vehicle Mechanic) * 14 March 1998, he completed IADT and was released from active duty training and transferred to his USAR unit * he completed 5 months and 7 days of net active service this period * his character of service was listed as “uncharacterized” 5. Regulatory guidance in effect at the time he was separated 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 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. 6. 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 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, this record of active duty, the award of an MOS and his discharge that returned him to his USAR unit of assignment. The Board considered the current policy that applies to Reserve Component Soldiers on active duty for the purpose of completing requirements for an MOS. Based on a preponderance of evidence, the Board determined that for purposes of equity, the applicant’s character of service should be corrected. 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 14 March 1998 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. It 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. ABCMR Record of Proceedings (cont) AR20190009278 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190009278 4 ABCMR Record of Proceedings (cont) AR20190009278 3