IN THE CASE OF: BOARD DATE: 24 February 2020 DOCKET NUMBER: AR20190012565 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 29 August 1986, to show a general under honorable conditions character of service, vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (19860829) * U.S. Army Reserve Personnel Center (USARPERSCOM), St. Louis, MO, Orders D-12-300707, dated 7 December 1993 * NA Form 13038 (Certification of Military Service), dated 28 March 2016 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 served his active duty training (ADT) honorably, so he is not sure why he received an uncharacterized separation. 3. On 6 December 1985, the applicant enlisted into the U.S. Army Reserve (USAR) for a term of 8 years. His service record provides evidence that he entered active duty to complete initial entry training (IET) from 8 January 1986 through 29 August 1986, and he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator). His DD Form 214 shows: * Type of Separation: Released from Active Duty Training * Character of Service: Uncharacterized * Separation Authority: AR 635-200, Chapter 4 * Separation Code: LBK * Narrative Reason for Separation: Completion Term of Service 4. The applicant provides: a. USARPERSCOM orders, dated 7 December 1993, which show he was honorably discharged from the USAR, effective 7 December 1993. b. NA Form 13038 (Certification of Military Service), dated 28 March 2016, which shows he was a member of the USAR and his service from 8 January 1996 to 29 August 1986 was terminated by uncharacterized entry-level. 5. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" according to regulatory guidance in effect at the time of separation, effective 1 March 2014, Army Regulation 635-8 stating entry level soldiers who completed IADT and were awarded an MOS were to be given an honorable discharge, unless otherwise directed by the separation authority; based on this, and in the interest of equity, the characterization of service should read as honorable. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing his characterization of service as Honorable on his DD Form 214 for the period of service ending 29 August 1986. 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 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 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) AR20190012565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190012565 4 ABCMR Record of Proceedings (cont) AR20190012565 3