ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings IN THE CASE OF: BOARD DATE: 1 February 2021 DOCKET NUMBER: AR20200009452 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 10 September 1997, to show completion of the airborne course on 29 August 1996, and 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 30 January 2020 * Airborne Course Diploma, issued by the U.S. Army Infantry School, Fort Benning, Georgia on 29 August 1996 * DA Form 1307 (Individual Jump Record), dated 29 August 1996 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, in effect, his record does not show he completed the airborne course, which he completed on 29 August 1996 at Fort Benning, GA. Additionally, his DD Form 214 should show his service was honorable instead of uncharacterized. He is attempting to buy back his military time while employed with the U.S. Forest Service. His retirement date in federal service is effected by an inaccurate DD Form 214. He was notified of this error on 30 January 2020. 3. The applicant enlisted in the Regular Army on 2 January 1991. He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). 4. He was honorably released from active duty (REFRAD) on 21 August 1991, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 6, by reason of hardship. Upon his REFRAD, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 5. The applicant enlisted in the U.S. Army Reserve Control Group (Reserve Officer Training Corps (ROTC)) on 11 January 1995, in a cadet status, for participation in the ROTC Program at Southeast Missouri State University. 6. The applicant enlisted in the Missouri Army National Guard (MOARNG) on 14 February 1995. 7. He was honorably discharged from the ARNG on 13 December 1996, under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 8-26c, by reason of his impending appointment as a commissioned officer. 8. The applicant was appointed as a Reserve commissioned officer of the Army on 14 December 1996, as a second lieutenant in the Engineer branch, and was assigned to the USAR Control Group (Annual Training). 9. The applicant was ordered to active duty on 11 May 1997. 10. He was REFRAD on 10 September 1997 and was returned to the USAR Control Group (Annual Training). The DD Form 214 he was issued shows he completed four months of active duty and his service was uncharacterized. His DD Form 214 does not document his completion of the Engineer Officer Basic Course; his qualification in Area of Concentration (AOC) 12A (General Engineer); or his completion of the Basic Airborne Course. 11. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), issued on 20 January 2007, amended his DD Form 214 for the period ending 10 September 1997 by correcting the entries related to the amount of prior active and prior inactive service he was credited with. 12. The applicant provides his Basic Airborne Course diploma, awarded on 29 August 1996. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. a. A majority of the Board noted that although he provided a diploma showing completion of the Basic Airborne Course on 29 August 1996, he did not complete this training during the period covered by the DD Form 214 (11 May 1997 to 10 September 1997). Additionally, there is no evidence in his record and he provides none to show he completed the Engineer Officer Basic Course or his qualification in Area of Concentration (AOC) 12A (General Engineer). Because he was separated with 4 months of active service (less than 180 days) while in an initial entry training status, his service was correctly uncharacterized. b. The member in the minority determined since the applicant completed Airborne training and provided a certificate, there is no harm in adding it to his subsequent DD Form 214. The member in the minority agreed that since the applicant had completed the Engineer Officer Basic Course or was awarded AOC 12A, his service was correctly uncharacterized. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : :X : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 insufficient as a basis for correction of the records of the individual concerned. 3/29/2022 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. REFERENCES: 1. Title 10, U.S. Code, 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 600-8-24 prescribes policies and procedures governing transfer and discharge of officer personnel. a. Paragraph 1-22 states an officer's period of service will be characterized as honorable when the quality of the officers' service has met the standards of acceptable conduct and performance of duty for reasons that do not involve acts of misconduct. b. Paragraph 2-7 provides rules for the processing of voluntary releases from active duty of Reserve Component officers due to the expiration of their active duty commitment. This paragraph provides no guidance regarding the appropriate service characterization for officers separating under this paragraph. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separations documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation and distribution of the DD Form 214. Table 2-1 (Instructions for Preparing DD Form 214) provides that in: a. Item 14 (Military Education), the preparer should enter from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the course description in DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army. b. Item 24 (Character of Service), the preparer should enter one of the following service characterizations: Honorable; Under Honorable Conditions (General); Under Other than Honorable Conditions; Bad Conduct; Dishonorable; or Uncharacterized. It provides no further guidance vis-ŕ-vis the appropriateness (when to use) of the uncharacterized service characterization. 4. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It consolidates the policies, principles of support, and standards of service regarding processing personnel for transition. It establishes standardized policy for the preparation and distribution of the DD Form 214. Paragraph 5-6 (Rules for Completing the DD Form 214) provides that in: a. Item 14, the preparer should list all formal, in service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least one week or 40 hours duration. Include course title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks. b. Item 24, the preparer should enter one of the following service characterizations: Honorable; Under Honorable Conditions (General); Under Other than Honorable Conditions; Bad Conduct; Dishonorable; Dismissed; or Uncharacterized. However, it further provides that in the case of RC Soldiers who successfully complete their period of initial active duty for training, the character of service is Honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS//