IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20190011093 APPLICANT REQUESTS: The applicant requests item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show honorable, vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two DD Forms 214 * RCMS (Reserve Component Manpower System) Automated Record Brief * Personnel Qualification Record (Enlisted) * Court Order Name Change Document (not available for review) 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, he was issued an uncharacterized character of service after completing all requirements for initial entry training (IET); he contends "this type of discharge is erroneously reflected in (his) service." He additionally notes this period of active duty service cannot be counted as creditable if it remains uncharacterized. 3. On 17 August 2001, the applicant enlisted into the USAR for 8 years. His service record provides evidence he entered active duty to complete initial entry training (IET), and he served from 13 February 2002 through 12 September 2003 (a period of 1 year and 7 months). On completion of initial training, he was awarded military occupational specialty (MOS) 91W (Health Care Specialist), and was released from active duty and transferred back to his USAR unit. His DD Form 214 further reflects: * Item 23 (Type of Separation) – Relief from active duty for training (ADT) * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – Entry partially blocked by a solid black line, but appears to show Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation) * Item 26 (Separation Code (SPD)) – "MCD" (not listed as valid in governing regulation (AR 635-5-1 (SPD)) * Item 28 (Narrative Reason for Separation) – "Completion of MOS Training" (reason does not appear in governing regulation) 4. On 24 October 2006, a court granted the applicant's petition to change his name to what is currently reflected in his military service record. 5. 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; 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 policy for completion of DD Forms 214. The Board considered the applicant’s statement, his service record to include completion of MOS training and award of MOS 91W and the reason for his separation (return to his Reserve Component Unit). The Board found that he completed his required active duty service and determined, in accordance with Army policy, the character of service he received upon separation required correction as a matter of equity. The Board concurred with the corrections stated in the Administrative Note(s) below. 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, in addition to the corrections stated in the Administrative Note(s) that follow, 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 12 September 2003 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): 1. AR 635-5-1 (Separation Program Designators (SPD)), in effect at the time, prescribed the entries for items 26 (Separation Code (SPD)) and 28 (Narrative Reason for Separation). USAR Soldiers separated under chapter 4 (Separation for Expiration of Service Obligation), AR 635-200 following completion of their Initial Active Duty for Training/IET were assigned the SPD of "MBK," with "Completion of Required Active Service" as the associated narrative reason for separation. 2. As a result, the applicant's DD Form 214, ending 12 September 2003, should be amended as follows: delete current entries in items 26 and 28, and replace respectively with "MBK" and "Completion of Required Active Service." 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// ABCMR Record of Proceedings (cont) AR20190011093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190011093 4 ABCMR Record of Proceedings (cont) AR20190011093 3