IN THE CASE OF: BOARD DATE: 20 December 2019 DOCKET NUMBER: AR20190011545 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 5 September 1985, to show his service 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) * DD Form 214, for the period ending 5 September 1985 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 although his uncharacterized discharge is not incorrect by military standards, the Office of Personnel Management will not allow this service to count as creditable for a technician retirement. 3. The applicant enlisted in the Army National Guard (ARNG) on 23 September 1982. He entered active duty for training (ADT) on 23 May 1983, for the purpose of completing his initial entry training. His records indicate he completed his initial entry training and was honorably released from active duty on 27 August 1983. 4. The applicant entered a period of active duty service on 27 May 1985. He was released from active duty on 5 September 1985, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, by reason of expiration term of service. The DD Form 214 he was issued shows he completed 3 months and 9 days of net active service this period and his service was uncharacterized. 5. The applicant was honorably discharged from the North Dakota ARNG on 18 October 1993 for appointment as a commissioned officer. He is currently serving in the ARNG in the rank/grade of colonel/O-6. 6. The regulation governing preparation of the DD Form 214 states that members of a Reserve Component ordered to active duty for a period exceeding 90 days will be issued a DD Form 214 upon release from active duty. The character of service will be honorable in these cases, unless the member is in an entry-level status. BOARD DISCUSSION: The Board agreed that the applicant was not in an entry-level status upon release from active duty on 5 September 1985 and his service should have been characterized as honorable. Based on a preponderance of the evidence, the Board determined the DD Form 214 in question should be reissued to show his service was honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 reissuing his DD Form 214 for the period ending 5 September 1985 to show his service was characterized as 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. 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 635-5 (Separation Documents), in effect at the time, 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. Paragraph 1-4 provided that a DD Form 214 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the ARNG 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. 3. 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 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). 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." 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, 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. 5. Army Regulation 635-200 (Personnel Separations – 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190011545 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190011545 4 ABCMR Record of Proceedings (cont) AR20190011545 3