IN THE CASE OF: BOARD DATE: 19 August 2021 DOCKET NUMBER: AR20200009302 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the entirety of his service, including the service he performed in the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 16 October 2020 * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 16 October 2020 * DD Form 214, for the period ending 5 June 2000 * Orders 02-316-00022, issued by Headquarters, 90th Regional Support Command, North Little Rock, Arkansas on 12 November 2002 * DA Form 5016 (Chronological Statement of Retirement Points), dated 9 October 2020 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 he completed eight honorable years in the USAR, from 2000 through 2008, and was credited with 15 membership points per year. He reenlisted sometime in 2009. He needs an honorable separation order or DD Form 214 to apply for a Department of Veterans Affairs (VA) home loan guarantee. 3. The applicant enlisted in the USAR on 13 January 2000. He entered active duty for training (ADT) on 1 February 2000, for the purpose of completing his initial entry training. He completed his initial entry training and was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairer). 4. The applicant was released from active duty (REFRAD) on 5 June 2000 and returned to the control of the USAR. The DD Form 214 he was issued shows he completed four months and five days of net active service; he was awarded the MOS 62B; his service was uncharacterized; and the narrative reason for separation was “Completion of Required Active Service.” 5. Orders 02-316-00022, issued by Headquarters, 90th Regional Support Command, North Little Rock, Arkansas on 12 November 2002, reassigned the applicant to the USAR Control Group (Annual Training), under the provisions of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), by reason of unsatisfactory participation. 6. Orders C-12-427113, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO on 9 December 2004, ordering the applicant’s release from the USAR Control Group (Annual Training) and reassigned him to a troop program unit of the USAR, effective the same day. This order also shows his expiration term of service (ETS) date as 12 January 2008. 7. The available service records are void of documentation that confirms he reenlisted in 2009. However, his record does confirm he served after his previously established ETS date 12 January 2008. 8. The applicant's available service records are void of a separation packet containing the specific facts and circumstances surrounding his discharge processing. However; Orders 12-102-00013, issued by Headquarters, 88th Regional Support Command, Fort McCoy, Wisconsin on 11 April 2012, discharged him from the USAR effective 18 April 2012, under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations). His service was characterized as under other than honorable conditions (UOTHC). 9. The DD Form 214 is a synopsis of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 10. When a Soldier separates from the USAR, the USAR does not issue a Report of Separation or Record of Service similar to the DD Form 214 or National Guard Bureau Form 22 (Report of Separation and Record of Service) issued by the Regular Army and the Army National Guard, respectively. ? BOARD DISCUSSION: 1. After reviewing the application and support documents, the Board found relief is not warranted. 2. The Board found that the applicant's record properly documents his period of active duty and his period of service in a USAR unit in accordance with the governing regulations. Based on a preponderance of evidence, the Board determined the relief the applicant has requested should not be granted. 3. The Board concurred with the correction described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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): 1. Regulatory guidance in effect at the time of the applicant's REFRAD provided that an uncharacterized separation was an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminated 180 days after beginning training. However, current guidance provides that Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period is less than 90 days (for example, completion of the advanced individual training component of Army National Guard (ARNG) of the U.S. (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. 2. The available evidence shows the applicant completed a period of ADT and was awarded an MOS. Based on this based on this evidence, reissue his DD Form 214 for the period ending 5 June 2000 to show his character of service as honorable. 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 135-178 sets forth the basic authority for the separation of enlisted Reserve Component personnel. a. Paragraph 2-9a provides that an honorable characterization of service 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. b. Paragraph 2-9b provides that a general (under honorable conditions) characterization of service is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. c. Paragraph 2-9c provides that service may be characterized as UOTHC when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons. d. Chapter 9 of this regulation establishes policy and prescribes procedures for separating enlisted members of the USAR for unsatisfactory performance. Commanders will take action when in the commander’s judgment the individual will not become a satisfactory Soldier. 3. 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 will be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the 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. 4. 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." 5. 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, 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. 6. Army Regulation 635-200 (Personnel Separations – 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009302 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200009302 5 ABCMR Record of Proceedings (cont) AR20200009302 4