ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2021 DOCKET NUMBER: AR20200009695 APPLICANT REQUESTS: In effect, issuance of DD Form 214 (Certificate of Release or Discharge from Active Duty) or statement of service for her service from 6 June 1991 through 29 June 1999. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment / Reenlistment Document) * 10 Leave and Earnings Statements (LES) * 6 Master Military Pay Account (MMPA) Reports * DD Form 214 * DA Form 5016 (Chronological Statement of Retirement Points) * Letter, National Personnel Records Center * Standard Form 180 (Request Pertaining to Military Records) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, 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 submits two DD Form 149, states, in effect, she needs a DD Form 214 that shows her discharge status; she was discharged from Fort [Benjamin] Harrison, IN in 1999. She served her country and would like to use her benefits, like the Veterans Administration (VA) Loan. Her current DD Form 214 shows her characterization of service as uncharacterized. She believes her records to be in error or unjust because she was not issued one [DD Form 214] when discharged in 1999. 3. On 26 June 1991, she enlisted in the U.S. Army Reserve (USAR) for a period of 8- years. The last name she used while serving was D___. A review of her record provides upon enlistment, she entered active duty on 25 September 1991, successfully completed initial active duty training (IADT), was awarded a military occupational specialty (MOS), and released from active duty on 22 February 1992. Her records are void of orders discharging her from the Reserve Component upon completion of her military service obligation, however, based on the available evidence she completed her contractual obligation and her record is void of indiscipline. 4. In support of her application the applicant provides: a. A copy of her DD Form 214 which shows she entered active duty on 25 September 1991, successfully completed training, was awarded a military occupational specialty (MOS) and released from active duty on 22 February 1992. b. Leave and Earnings Statements and Master Military Pay reports from the Defense Joint Military Pay System, which shows pay was processed for various types of duties while in an active reserve status, to include but not limited to, unit training assemblies (UT[A]), Readiness Management Assemblies (RMA), Additional Training Assemblies (ATA), and Active Duty for Training (ADT) [TNG PD] between July 1991 through calendar year 1998. c. A DA Form 5016 (Chronological Statement of Retirement Points), 10 July 2020, shows she has 5 qualifying years from 26 June 1991 through 25 June 1996 for Reserve retirement purposes. d. A letter from the National Personnel Records Center to the applicant, dated 1 August 2020, encloses a copy of her DD Form 214 [IADT] and defines the type of discharge/separation received as "Uncharacterized - Entry Level Separation". e. A copy of a Request Pertaining to Military Records dated 21 October 2020, provides the applicants requests a copy of her separation orders regarding her service period for service in the USAR from 6 June 1991 through 29 June 1999. f. Headquarters, 123rd USAR Command, Orders 093-19, 3 April 1995, relieved her from the 425th Personnel Service Center, Indianapolis, IN and assigned her to the 55th Medical Detachment, Fort Benjamin Harrison, IN, effective 3 April 1995 due to unit inactivation. g. On 27 January 1997, The 88th Regional Support Command published orders reassigning her to USAR Control Group (Annual Training), referred to now as the Inactive Ready Reserve (IRR), for Cogent Personal Reasons, effective 15 February 1997. 5. The applicant, in effect, requests a DD Form 214 be provided to show she honorably served from the date of her enlistment, on 26 June 1991 to the date of her discharge on 29 June 1999. a. In regards to a DD Form 214 regarding her full period of service while in the USAR: (1) The applicant's does not provide and her records to do not show she served as a military member on active duty aside from IADT. The available evidence provides she remained in a ready reserve status throughout her contractual obligation. (2) There is a common misunderstanding within the RC of types of orders received during their period of service that may transfer them from an active reserve status to the Inactive Ready Reserve (IRR), discharge them from RC, or published upon completion of their military service obligation (MSO), being an authority for correcting service characterization and/or periods of service on the DD Form 214 received upon completion of IADT or other active service. b. In regards to orders discharging her from the Reserve Component for completion of her 8-year military service obligation, her official military records are void of these orders. The U.S. Army Human Resources Command is the proponent for publication of MSO orders, which are typically automatically generated upon completion of the MSO. The applicant can contact the Enlisted Management Division at: 1600 Spearhead Division Avenue Fort Knox, KY 40122 Email: usarmy.knox.hrc.mbx.epmd-arep-branch@mail.mil Phone: (502)613-5854 BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was partially warranted. The applicant completed a period of active duty from 25 September 1991 to 22 February 1992, conducting initial entry training (IET). She was awarded a MOS at the completion of IET and was transferred back to the USAR. She received an uncharacterized discharge. Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should show his character of service as Honorable. 2. Following her release from ADT, the applicant served in the USAR. She did not serve on active duty. Neither she nor her records provide evidence that show she served as a military member on active duty aside from IADT. The available evidence provides she remained in a ready reserve status throughout her contractual obligation. The DD Form 214 is a record of continuous active service. She was not on active duty from 1991 to 1991. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XXX: XX: XX: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a reissuing her a DD Form 214 for the period ending 22 February 1991 showing her character of service as Honorable.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to issuing her a separate DD Form 214 for her Reserve service from 6 June 1991 through 29 June 1999. 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. (delete if not applicable) 2. Army Regulation 635-200 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. Army Regulation 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) AR20200009695 1 1