IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20190013284 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 June 1995, 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), dated 17 August 2019 * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 17 August 2019 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 21 January 1993 * Orders 26-17 and 96-26, initial active duty for training (IADT), dated 9 February 1993 and 20 May 1994 * Order 90-35, Military Occupational Specialty (MOS) award, dated 31 March 1995 * DA Forms 4187 (Personnel Action), advancement in rank, dated 11 September 1993, 5 June 1994, and 8 July 1995 * Basic Combat Training (BCT) Diploma, dated 12 August 1993 * General Medical Orientation Course Diploma, from 5 July 1994 - 26 July 1994 * Radiology Specialist Course Diploma, from 1 August 1994 – 6 June 1995 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 June 1995 * United States Navy (USN) Certificate of Retirement, dated 1 March 2013 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 he believes his uncharacterized separation on his DD Form 214 resulted from an administrative input error at the time of his separation. He successfully completed BCT and MOS training and was never subjected to any disciplinary action during that time period. He was progressively promoted from private to private first class during the same period with fully successful performance. He was vetted and selected for a commissioned officer program with the USN while he was serving in the U.S. Army Reserve (USAR). Finally, he successfully served in the USAR and the USN for twenty years, retiring from the U.S. Naval Reserve (USNR) as a Lieutenant Commander on 1 March 2013. 3. The applicant enlisted in the USAR on 21 January 1993. 4. The applicant entered IADT on 9 June 1993. Upon completion of his IADT, he was awarded MOS 91P (Radiology Specialist) and was released from active duty (REFRAD). 5. The applicant was REFRAD on 7 June 1995 and returned to the control of his USAR unit of assignment. The DD Form 214 he was issued shows he completed one year, 11 months, and 29 days of active duty and his service was "uncharacterized." The narrative reason for separation was "Completion of Required Active Service." 6. The applicant submitted a DD Form 368 (Request for Conditional Release from Reserve or Guard Component) on 2 July 1997. He declared his intent to become a commissioned officer in the USN. His request was approved. 7. Orders Number D-06-946456, issued by the USAR Personnel Command (AR- PERSCOM), St. Louis, MO, honorably discharged the applicant from the USAR effective 7 August 1997. 8. The applicant enlisted in the USNR on 8 August 1997. He was later appointed as a commission officer in the USN and retired in the rank of Lieutenant Commander. 9. With respect to the applicant's request for a change in characterization: a. Regulatory guidance in effect at the time he was separated provided that an uncharacterized separation was an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminated 180 days after beginning training. However, current guidance provides that Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period is less than 90 days (for example, completion of the advanced individual training component of ARNG of the U.S. (ARNGUS) Alternate Training Program or USAR Split Training Program), will receive a character of service of honorable unless directed otherwise by the separation approval authority. b. The available evidence shows the applicant completed a period of ADT and was awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as entry level status in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity, the characterization of service should read honorable. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, orders to active duty for initial active duty and MOS training, his successful completion of training and award of an MOS, his release from active duty and return to his USAR unit of assignment and his discharge from the USAR. The Board considered the Army policy specific to completion of separation documents for Reserve Component Soldiers who attend MOS producing schools. Based on a preponderance of evidence, the Board determined that the applicant’s discharge from active duty should be characterized as a matter of equity. 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, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 June 1995, 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. 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 will be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the ARNGUS 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 RC Soldiers 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, 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, 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 (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 an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty 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) AR20190013284 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190013284 5 ABCMR Record of Proceedings (cont) AR20190013284 4