ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  29 March 2021 DOCKET NUMBER:  AR20200001212 


APPLICANT REQUESTS:  The applicant requests to change his character of service from uncharacterized 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)



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he was in the Army for training and had no events ordisciplinary actions taken and should have been discharged from the Army.

3.On 3 February 1989, the applicant enlisted in the Tennessee Army National Guard(TNARNG) for a period of 8 years.

4.His record contained a Personnel Qualification Record that shows he was ordered toActive Duty for Training (ADT) effective 7 February 1989 and completed eight (8) weeksof training for military occupational specialty (MOS) 88M (Motor Transport Operator).

5.Orders 144-109 issued by Headquarters, U.S. Army Training Center and Fort Dix,awarded the applicant MOS 88M effective 14 June 1989 or upon completion of training.

6.The DD Form 214 he was issued shows and confirms:

.7 February 1989, the applicant entered Active Duty this period

.15 June 1989, he was released from ADT and transferred to his TNARNGunit

.the applicant completed 4 months and 9 days of net active service this period


.he completed 8 weeks of Motor Transport Operator training and was awardedMOS 88M

.his character of service was listed as “uncharacterized”



7.Regulatory guidance in effect at the time he was separated stated anuncharacterized separation is an entry-level separation; for Soldiers ordered to initialactive duty for training (IADT), entry-level status terminates 180 days after beginningtraining.  However, current regulatory guidance states Reserve Component Soldierscompleting active duty that results in the award of an MOS, even when the active dutyperiod was less than 90 days (for example, completion of the advanced individualtraining component of the Army National Guard of the United States (ARNGUS)Alternate Training Program or USAR Split Training Program) will receive a character ofservice of honorable unless directed otherwise by the separation approval authority.

8.The available evidence shows the applicant was ordered to active duty for trainingand awarded an MOS.  Although his DD Form 214 properly reflects his characterizationof service as "uncharacterized" in accordance with regulatory guidance in effect at thetime, based on current regulatory guidance and in the interest of equity thecharacterization of service should read as honorable.


BOARD DISCUSSION: 

After reviewing the application and all supporting documents, the Board found that relief was warranted. Based on the documentation available for review to include current regulatory guidance applicable to Reserve Component Soldiers, the Board concluded that as the applicant completed the initial period of active duty training and awarded a military occupational series, his record should be corrected to reflect an honorable discharge.  
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: XXX:XXXGRANT FULL RELIEF 

: : GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: XXX::: : 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 DD214 for the period ending 15 June 1989 to show in item 24 (Characterization of Service):  Honorable  

XCHAIRPERSON


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. 







ADMINISTRATIVE NOTE(S): 

Not Applicable 

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 Army Board for Correction of Military Records(ABCMR) to excuse an applicant's failure to timely file within the three-year statute oflimitations 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 atthe time of the Soldiers separation, sets policies, standards, and procedures to ensurethe readiness and competency of the force while providing for the orderly administrativeseparation of Soldiers for a variety of reasons.  The regulation stated anuncharacterized separation is an entry-level separation.  For Soldiers ordered to initialADT, entry-level status terminates 180 days after beginning training.

3.Army Regulation 635-8 (Separation Processing and Documents) currently in effect,prescribes the transition processing function of the military personnel system.  Inpertinent part, the regulation contains guidance stating for Block 24 (Characterization ofService) the correct entry is vital since it affects a Soldier’s eligibility for post-servicebenefits.  Characterization or description of service is determined by directiveauthorizing separation.  The regulation states “When a Reserve Component Soldiersuccessfully completes initial active duty training the character of service is honorableunless directed otherwise by the separation approval authority”.

//NOTHING FOLLOWS//