IN THE CASE OF: BOARD DATE: 28 January 2021 DOCKET NUMBER: AR20200003036 APPLICANT REQUESTS: The applicant requests to change his “uncharacterized” character of service to honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 1989. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Puerto Rico Army National Guard (PRARNG) Orders Number 225-8 * PRARNG Orders Number 174-20 * Naval Reserve Personnel Center Form discharging applicant for enlistment in the Army National Guard 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: a. He attended basic training on 9 September 1989 at Fort Leonard Wood, Missouri and after graduating from basic training he went directly to advanced individual training at Fort Leonard Wood for advanced individual training in military occupational specialty (MOS) 12B (Combat Engineer). After graduation he reported to his National Guard assignment in Toa Baja, Puerto Rico. His separation code states LBK (Expiration of Term of Service). He has records from the National Guard in Puerto Rico from 1992, 1993, and 1994 that include a recommendation for reenlistment, as well as an honorable discharge, however, this is not listed on his DD Form 214. b. He has been denied benefits because his DD Form 214 does not list honorable in block 24 (character of service) of his DD Form 214. With the changing of laws in veteran benefits he is requesting that his DD Form 214 be changed to show an honorable character of service. 3. The applicant’s record contained a Personnel Qualification Record that shows: * 15 April 1989, he enlisted in the PRARNG * 15 September 1989, he was ordered to attend 13 weeks of initial active duty for training (IADT) at Fort Leonard Wood, MO 4. His record also contained a DD Form 214 that confirms he entered active duty for training on 15 September 1989, and further shows: * 20 December 1989, he was released from active duty training and transferred to his PRARNG unit * he completed 3 months and 6 days of net active service this period * he completed 13 weeks of Combat Engineer training and was awarded MOS 12B (Combat Engineer) * the applicant’s character of service was listed as “uncharacterized” 5. On 21 September 1992, the applicant was honorably discharged from the Army National Guard for enlistment in the Navy Reserve. On 3 October 1993, he was discharged from the Navy Reserve to enlist in the Army National Guard. 6. On 1 October 1994, he was discharged from the PRARNG for being an unsatisfactory participant and assigned to the U.S. Army Reserve Control Group (Reinforcement) for completion of his remaining contractual military service obligation. 7. Regulatory guidance in effect at the time he was separated stated an uncharacterized separation is an entry-level separation; for Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training. However, current regulatory guidance states Reserve Component 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 the Army National Guard of the United States (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. BOARD DISCUSSION: The available evidence shows the applicant was ordered to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current regulatory guidance and in the interest of equity, the Board determined the characterization of service 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 20 December 1989 to show his character of service was 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 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time of the Soldiers separation, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. The regulation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, 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. The regulation contains guidance in paragraph 5-6x stating for Block 24 (Characterization of Service) the correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The regulation states “When a Reserve Component 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) AR20200003036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200003036 5 ABCMR Record of Proceedings (cont) AR20200003036 4