ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20190009437 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his "Entry Level Status" character of service as honorable. 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 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, his DD Form 214, ending 17 December 1987, was issued for his completion of initial active duty for training (IADT)/initial entry training (IET), and item 24 (Character of Service) currently lists "Entry Level Status." a. The applicant is attempting to buy back this period of active duty so it can be applied towards his Federal retirement. However, the Office of Personnel Management is not allowing him to do this, despite the fact the governing regulation indicates "Entry Level Status" is not a valid entry. b. The applicant is currently enrolled in the Army War College and has over 32 years of military service; his leadership has never initiated any adverse actions against him. In addition, he graduated from training with high scores and was ultimately selected for officer candidate school. He contends there is no basis for any other character of service except for honorable. 3. On 8 June 1987, the applicant enlisted into the North Dakota Army National Guard (NDARNG) for 8 years. His service record provides evidence he entered active duty to complete IADT/IET, serving from 10 September through 17 December 1987, and was awarded military occupational specialty (MOS) 12C (Bridge Crewman). On his release from active duty, he was transferred back to his NDARNG unit. His DD Form 214 further reflects: * Item 23 (Type of Separation) – Relief from active duty for training (ADT) * Item 24 (Character of Service) – "Entry Level Status" * Item 25 (Separation Authority) – Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation) * Item 26 (Separation Code) – LBK (Expiration Term of Service) * Item 28 (Narrative Reason for Separation) – Expiration Term of Service 4. In regard to his DD Form 214, issued upon completion of IET: a. At the time the applicant separated, regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status (in some cases, Transition Points mistakenly reflected the character of service as "Entry Level Status"); Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active duty. The regulation was subsequently revised, however, and currently states Reserve Component (RC) Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IET, been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was ordered to IADT/IET and awarded an MOS; following his separation, he returned to his USAR unit. Although, based on then-current regulatory guidance, his DD Form 214 properly reflects a characterization of "uncharacterized," it would be appropriate to revise his character of service to honorable, given current guidance, and in the interest of equity. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and Army policy specific to Reserve Component Soldiers upon completion of IADT. The Board considered the applicant’s statement, his record of service, his completion of MOS training and award of MOS 12C and the reason for his separation. The Board found that the applicant completed his active duty service and returned to his ARNG unit after training. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation from active duty required correction 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 :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 his DD Form 214 for the period of service ending 17 December 1987 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” X CHAIRPERSON 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 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. Army Regulation 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//