IN THE CASE OF:  BOARD DATE:  30 January 2020 DOCKET NUMBER:  AR20190013944 


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 June 1988, 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 Provisionsof Title 10, U.S. Code, Section 1552), dated 27 July 2019

.DD Form 214, for the period ending 8 June 1988

.National Guard Bureau (NGB) Form 22 (Report of Separation and Record ofService), for the period ending 3 June 1993

.DD Form 256A (Honorable Discharge Certificate), dated 6 June 1995

.Military Buy Back (MBB) letter, dated 17 July 2019



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 MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect, his DD Form 214 is characterized as "entry levelstatus" but it should be characterized as "honorable."  His service records and report ofseparation show his service was honorable, and he received an Honorable DischargeCertificate when his service was complete.  He is retiring from the Post Office and tryingto buy back his military time from over 25 years ago.  He went to basic training andadvanced individual training (AIT), and his time should be included in his total federaltime for retirement purposes, even if it is less than 180 days.  He finished his militaryobligation.

3.The applicant enlisted in the Massachusetts Army National Guard (MAARNG), on4 June 1987.  He entered active duty for training (ADT) on 6 January 1988, for thepurpose of completing his initial entry training.  He completed his initial entry training on8 June 1988, was awarded a military occupational specialty (MOS), and was releasedfrom active duty (REFRAD) and returned to the control of the MAARNG.

4.The applicant was REFRAD on 8 June 1988, under the provisions of ArmyRegulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, upon thecompletion of his initial entry training.  The DD Form 214 he was issued shows hecompleted five months and two days of net active service this period.  He was awardedMOS 31C (Single Channel Radio Operator), his character of service was "Entry LevelStatus", and the narrative reason for separation was "Expiration Term of Service."

5.The applicant's service record contains a NGB 22, issued on 3 June 1993, showinghe was honorably discharged from the MAARNG.

6.Orders Number D-10-589745, issued by the U.S. Army Reserve (USAR) PersonnelCenter (ARPERCEN), St. Louis, MO on 17 October 1995, honorably discharged theapplicant from the USAR effective 17 October 1995.

7.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 anuncharacterized 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 wasawarded 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 andevidence in the records.  The Board considered the applicant’s statement, his record ofservice and period of active duty, award of an MOS and reason for his separation.  TheBoard considered the policy pertaining to the completion of DD Forms 214 for membersof the Reserve Component ordered to active duty for initial entry training.  The Boardfound the applicant successfully completed his training, was awarded an MOS andreturned to his ARNG unit of assignment upon separation.  Based on a preponderanceof evidence, the Board determined that the character of service the applicant receivedupon separation should be corrected as a matter of equity.

2.After reviewing the application and all supporting documents, the Board found thatrelief was warranted.
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 

: : : 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 8 June 1988 to reflect in item 24 (Character of Service) – “Honorable” vice “Uncharacterized.” 




X 


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 militaryrecords 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 or 
 
 (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 a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or 
 
 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. 
 
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