ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings 
IN THE CASE OF:  
BOARD DATE: 2 February 2021 DOCKET NUMBER: AR20200009166 
APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 July 2004, 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 Provisions of Title 10, U.S. Code, Section 1552), dated 21 April 2020 

. 
DA Form 2-1 (Personnel Qualification Record – Part II) (page four) 

. 
Diploma, dated 2 July 2004 

. 
DD Forms 214, for the periods ending 2 July 2004 and 16 November 2005 

. 
Army National Guard (ARNG) Current Annual Statement, dated 3 March 2009 

. 
Memorandum, dated 20 May 2009, Subject: Notification of Intent – Soldier Election Form 

. 
Orders 142-999, issued by the Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA on 22 May 2009 

. 
National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 15 June 2009 


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 Military Records (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 at the time of his separation, he had just completed basic training and advanced individual training. He was returning to his duty station and there was no reason for his service to be listed as uncharacterized. 

3. 
The applicant enlisted in the U.S. Army Reserve (USAR) on 16 January 2004. He entered active duty for training (ADT) on 27 February 2004, for the purpose of completing his initial entry training, including the Military Police (MP) course, and was released from active duty (REFRAD). 

4. 
The applicant was REFRAD on 2 July 2004, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, by reason of completion of required active service.  The DD Form 214 he was issued shows he completed four months and six days of net active service this period and his service was uncharacterized. It further shows he completed the MP course but does not show he was awarded a corresponding military occupational specialty (MOS). 

5. 
The applicant provides his MP course diploma, issued by the U.S. Army Military Police School, which shows he completed MP one station unit training (OSUT), from 5 March through 2 July 2004, thus achieving qualification in MOS 31B (Military Police). 

6. 
With respect to the applicant's request: 


a. 
Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of his release from ADT. 

b. 
An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training.  However, current guidance states Reserve Component (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 Army National Guard (ARNG) Alternate Training Program or USAR Split Training Program will receive a character of service of Honorable unless directed otherwise by the separation approval authority. 

c. 
Although the applicant’s DD Form 214 properly reflects his characterization of service as "uncharacterized" 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, 
evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, his entry to active duty for initial entry training, his completion of training and award of an MOS and his return to his reserve unit of assignment. The Board considered the policy specific to Reserve Component Soldiers and the character of service applicable to 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. The Board concurred with the corrections stated in the Administrative Note(s) below. 
2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
:XXX :XXX :XXX 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, in addition to the corrections stated in the Administrative Note(s) that follow, 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 ending 2 July 2004 to show in item 24 (Character of Service) – “Honorable.” 
X 
CHAIRPERSON 
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): A review of the applicant's record shows his DD Form 214, for the period ending 2 July 2004, is missing important an entry.  As a result, amend item 11 (Primary Specialty) of the DD Form 214 by adding MOS 31B (Military Police). 
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 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 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army.  Personnel included were members of the ARNG of the U.S. (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 (emphasis added), 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 (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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