IN THE CASE OF:  

		BOARD DATE:  29 October 2020

		DOCKET NUMBER:  AR20200002230


APPLICANT REQUESTS:  an upgrade of his uncharacterized discharge 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)
*	Department of Veterans Affairs (VA) letter, 17 December 2019
*	VA verification card
*	Letter from State and Local Retirement System

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the 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 requests a change of his discharge to honorable in order for 
him to qualify and obtain State retirement credit towards total years of creditable service 
for retirement with the State police per Article 20 of state benefits law.  The current 
characterization of service is insufficient in qualifying him for this State retirement 
benefit as the service is required to be characterized as honorable.  The reason stated 
on his DD Form 214 is completion of required active service.  The separation code 
"MBK" is applicable for reenlistment and there is no indication the period of service as 
anything other than honorable.  DD Form 214, was for his initial entry military 
occupational specialty (MOS) training.

3.  The applicant provided:

*	DD Form 214 showing he entered active duty on 4 August 1999 until 
10 December 1999 when he was released from active duty training due to 
completion of required active service
*	VA letter, dated 17 December 2019 showing a summary of benefits he currently 
receives from the VA
*	VA verification card showing verification of his honorable service in the 
Uniformed Services of the United States
*	Letter from State and Local Retirement System showing his application for 
service credit was rejected due to him not receiving an honorable discharge

4.  A review of the applicant’s service records shows:

	a.  He enlisted in the New York Army National Guard (NYARNG) on 10 March 1999.  

	b.  He entered active duty for training (ADT) on 4 August 1999.  He completed 
training and was awarded MOS (13B) Cannon Crewmember.

	c.  He was released from ADT on 10 December 1999 for completion of required 
active service.  His DD Form 214 shows he was released from ADT in accordance with 
Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), chapter 4 
with uncharacterized service.  He completed 4 months and 7 days of active service.  He 
was transferred back to his ARNG unit. 

	d.  He served in a variety of assignments in the ARNG and he was promoted to 
sergeant first class on 19 May 2011.

	e.  He is still serving in the NYARNG currently.


BOARD DISCUSSION:

The available evidence shows the applicant was called to active duty for training and 
awarded an MOS prior to being released and returned to his ARNG unit.  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 that entry level Soldiers who complete IADT 
and are awarded an MOS will be given an honorable discharge; unless other 
characterization is directed by the separation authority.  The Board determined that, in 
the interest of equity, the characterization of service for the period ending 10 December 
1999 should be honorable.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	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 reissuing his DD Form 
214 for the period ending 10 December 1999 to show his service was characterized as 
honorable.
		  
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)	 AR20200002230


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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