IN THE CASE OF: BOARD DATE: 27 February 2020 DOCKET NUMBER: AR20190013138 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for the Review of Discharge) * Army Review Boards Agency (ARBA), Case Management Division Letter to the Applicant, dated 19 April 2019 * U.S. Army Human Resources Command (HRC) Letter to Applicant, dated 19 April 2019 * DD Form 214 for period ending 13 July 1991 * Honorable Discharge Certificate, dated 2 November 1998 * Orders 8-306-5, issued by Headquarters, 65th U.S. Army Regional Support Command, Fort Buchanan, Puerto Rico, dated 2 November 1998 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 was lost in Texas and arrived late at the Lackland Air Force Base, TX, the English School (Defense Language Institute English Language School). He received an Article 15, Uniform Code of Military Justice and received a punishment of 14 days extra duty. It has been more than 15 years ago. 3. On 12 October 1990, the applicant enlisted in the U.S. Army Reserve (USAR) for a term of 8 years. His record provides evidence that shows he entered active duty to complete training from 23 January 1991 to 13 July 1991 and was awarded military occupational specialty (MOS) 71D (Personnel Records Specialist). His DD Form 214 shows: * Type of Separation: Release from Active Training * Character of Service: Uncharacterized * Separation Authority: AR 635-200, Chapter 4 * Separation code: LBK * Narrative Reason for Separation: Expiration Term of Service 4. The applicant provides: a. Army Review Boards Agency (ARBA), Case Management Division Letter to the Applicant, dated 19 April 2019, informing the applicant that the office was unable to process his application because he failed to submit his application to the U.S. Army Human Resources Command and/or if he served in the National Guard, to his State Adjutant General, before he applied to the ARBA or the Army Discharge Review Board ARBA. b. U.S. Army Human Resources Command (HRC) Letter to Applicant, dated 19 April 2019, informing the applicant that they were unable to process his DD Form 214 correction request for character of service because it was not within their jurisdiction. HRC directed the applicant to ARBA for corrective action, if he felt an error or injustice existed. c. Orders 8-306-5, issued by Headquarters, 65th U.S. Army Regional Support Command, Fort Buchanan, Puerto Rico, dated 2 November 1998, shows he was discharged from the U.S. Army Reserve. d. Honorable Discharge Certificate, dated 2 November 1998, shows he was honorably discharged from the U.S. Army (through his service with the USAR). 5. The applicant requests an upgrade. The available evidence shows the applicant was called to active duty for training, awarded an MOS and served approximately 172 days of active duty prior to being released and returned to his reserve unit of assignment. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, effective 1 March 2014 regulatory guidance changed and provides entry level Soldier who complete initial active duty training (IADT) and are awarded an MOS will be given an honorable discharge, unless other characterization is directed by the separation authority; based on this and in the interest of equity the characterization of service should read as honorable. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief is warranted. 2. The Board noted that in accordance with regulation, when a RC Soldier successfully completes initial active duty training that resulted in the award of an MOS, even though the active duty was less than 90 days, the character of service is Honorable unless directed otherwise by the separation approval authority. The applicant met these requirements and his/her records should be corrected to show that he/she was honorably discharged from initial active duty for training for the period ending 13 July 1991. . BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX 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 that the applicant was honorably discharged from initial active duty for training for the period ending 13 July 1991 and be issued a new DD Form 214 to that effect. 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 (Personnel Separations – Enlisted Personnel), in effect at the time, set policies, standards, and procedures for separation of enlisted personnel. It 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) AR20190013138 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190013138 5 ABCMR Record of Proceedings (cont) AR20190013138 4