IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20190012894 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect in: * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): Veterans of Foreign Wars (VFW) Service Ribbon * Item 24 (Character of Service): Honorable vice Uncharacterized * Item 27 (Reentry Code): RE 1 vice ?N/A? APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army National Guard Honorable Discharge Certificate, dated 8 July 1987 * DD Form 214 for period ending 10 May 1990 * DD Form 214 for period ending 10 May 1990, with handwritten entries * NGB Form 22, effective date 2 August 1991, with handwritten entries * Printout with Applicant’s Personal Information * Yahoo Answers Website Printout, dated 30 August 2019 * Temporary Instruction Permit, expiration date 26 February 2020 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 Army Regulation (AR) 635-200 states a Soldier being separated upon expiration of enlistment will be awarded a character of service as honorable, unless the Soldier is in entry level status and service is uncharacterized. 3. On 16 April 1987, the applicant enlisted in the Army National Guard (ARNG). He completed Active Duty for Training from 24 April 1987 to 19 June 1987 during which time he completed basic training but did not complete a MOS course. On 19 July 1987, he was discharged with an uncharacterized character of service. 4. On 17 August 1989, the applicant enlisted in the ARNG for a term of 8 years. He entered Initial Active Duty for Training on 27 September 1989, completed basic training and advanced individual training, was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic) and was discharged on 10 May 1990. His DD Form 214 for this period shows: * Type of Separation: Relief from Initial Active Duty Training * Character of Service: Uncharacterized * Separation Authority: AR 635-200, Chapter 4 * Separation code: LBK * Reentry Code: N/A * Narrative Reason for Separation: Expiration Term of Service 5. The applicant provides: a. Army National Guard Honorable Discharge Certificate, dated 8 July 1987, showing he was discharged from the ARNG with an honorable discharge. b. DD Form 214 for period ending 10 May 1990, with various handwritten entries: Title 10, U.S. Code, section 1171 (Regular Enlisted Members: Early Discharge); 38 Code of Federal Regulations (CFR) (Pensions, Bonuses, and Veterans’ Relief), Soldiers called to active duty; squad leaders, Permanent Party Soldiers, and officers on active duty; the Army Service Ribbon; basic training, inactive duty for training along with other entries. c. NGB Form 22, effective date 2 August 1991, with various handwritten entries, citing Title 38 U.S. Code, Section 4211 (Veterans’ Benefits –– Definitions); veterans on active duty for 180 days; and his weapons qualification, along with other entries. d. Printout with applicant’s personal information with a handwritten entry ?prior service Fort Leonard Wood 1987 Honorable.? e. Yahoo Answers Website Printout, dated 30 August 2019, shows that an internet user asked ?Is a AR 635-200, chapter 4 the same as an honorable discharge fo[r] Army Reserves?? A another user responded, ?AR 635-200, Chapter 4 just says that you will [be] separated from the military at the end of your contract. Yes, it is an honorable discharge . . . .? f. Michigan Temporary Instruction Permit, expiration date 26 February 2020, shows the applicant is a veteran and allowed to drive when accompanied with a licensed adult. It is also stamped ?Waive 30 days.? 6. In regards to the Veterans of Foreign Wars Service Ribbon, AR 600-8-22 (Personnel General – Military Awards) governs military awards and it is void of the VFW Service Ribbon as an award. 7. In regards to the reentry code, Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) states for item 27 (Reentry Code), for reserve component personnel being separated for other than cause will not be assigned RE codes, enter ?NA.? 8. In regards to his character of service: 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, regulatory guidance changed 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 partial relief is warranted as recommended in the Board Determination and Recommendation below. In accordance with AR 635-5, reserve component personnel being separated for other than cause will not be assigned RE codes and the entry in item 27 of their DD Form 214 will be ?NA.? There is no provision of regulation to show a VFW service ribbon on a DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 an honorable character of service for the period ending 10 May 1990. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his RE code from NA to 1, and listing a VFW service ribbon on his DD Form 214. 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. AR 600-8-22 (Personnel General – Military Awards) prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. It provides implementing instructions for incentive awards, honorary awards and devices, awards from non-Federal organizations, and medals for public service. The goal of the total Army Awards Program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. The regulation is void of the Veterans of Foreign Wars Service Ribbon. 3. AR 635-5 (Personnel Separations – Separation Documents) in effect at the time, states for item 27 (Reentry Code), for reserve component personnel being separated for other than cause will not be assigned RE codes, enter ?NA.? 4. 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. 5. 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) AR20190012894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190012894 5 ABCMR Record of Proceedings (cont) AR20190012894 4