BOARD DATE: 2 March 2020 DOCKET NUMBER: AR20190013908 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 214 (Certificate of Release or Discharge from Active Duty) for period ending 4 May 1989 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 enlisted and completed active duty training and advanced individual training (AIT). He did all the required active duty training honorably. Once he was done, he was released to complete his Reserve obligation. Years later he realized on the DD Form 214, his character of service was listed as uncharacterized. Because he did not get into any trouble nor was he recycled during training, his three months of service should be considered honorable service not uncharacterized. In July 1990 he became a paraplegic from a car accident, one year after enlisting in the service. 3. On 26 January 1989, 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 30 January 1989 to 4 May 1989 and was awarded military occupational skill (MOS) 12B (Combat Engineer). His DD Form 214 shows: * Type of Separation: Relief from Active Duty Training * Character of Service: Uncharacterized * Separation Authority: AR 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 * Separation code: LBK * Narrative Reason for Separation: Completion of Active Duty Training 4. The applicant requests an upgrade. a. The available evidence shows the applicant was called to active duty for training, awarded an MOS and served approximately 95 days of active duty prior to being released and returned to his reserve unit of assignment. b. 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 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. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and policy specific to Soldiers ordered to active duty for the purpose of completing required initial entry MOS training. The Board considered the applicant’s statement, his record of service, his order to active duty, completion of required training, award of an MOS and release to return to his USAR unit of assignment. Based on a preponderance of evidence, the Board determined that a correction to the character of service the applicant received upon separation was required 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 for the period of service ending 4 May 1989 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 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 (AR) 635-200, (Personnel Separations – Enlisted Personnel), in effect at the time, 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. AR 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) AR20190013908 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190013908 4 ABCMR Record of Proceedings (cont) AR20190013908 3