IN THE CASE OF: BOARD DATE: 9 March 2020 DOCKET NUMBER: AR20190014651 APPLICANT REQUESTS: The applicant requests to change his character service from “entry level status” to honorable. 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) * Certification of Military Service 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 requests the narrative reason for separation and character of service be changed to an honorable discharge. He cannot get employed with that type of discharge. It should be an honorable discharge and he needs a member 4 copy. He does not have an original copy of the DD Form 214 member 4 copy. 3. On 14 April 1986, the applicant enlisted in the Texas Army National Guard (TXARNG) for a period of 8 years. 4. His DD Form 214 for the period ending 29 October 1986 shows: * 14 May 1986, the applicant entered active duty to complete initial active duty training (IADT) * In October 1986, he was awarded military occupational specialty (MOS) 31M (Multichannel Communications Equipment Operator) after completing the course (14 weeks) * 29 October 1986, the applicant was released from active duty training and transferred to his TXARNG unit * he completed 5 months and 16 days net active service this period * Type of Separation: Relief from Active Duty Training * Character of Service: Entry Level Status * Separation Authority: Army Regulation (AR) 635-200, Chapter 4 * Separation Code: LBK * Narrative Reason for Separation: Expiration Term of Service 5. The applicant requests to be issued a DD Form 214 showing an “honorable” character of service. The available evidence shows the applicant was called to active duty for training, awarded an MOS and served 5 months and 16 days of active duty prior to being released and returned to his TXARNG unit. 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, effective 1 March 2014 regulatory guidance changed and provides entry level Soldiers 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. 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, his entry on active duty, completion of required training, award of an MOS, and his separation and return to his ARNG unit of assignment. The Board considered the policy specific to character of service for Reserve Component members ordered to active duty for the purpose of MOS training. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation should be corrected 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 : : : 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 29 October 1986 to reflect in item 24 (Character of Service) – “Honorable” vice “Entry Level Separation.” 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 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) AR20190014651 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190014651 4 ABCMR Record of Proceedings (cont) AR20190014651 3