IN THE CASE OF: BOARD DATE: 19 April 2021 DOCKET NUMBER: AR20200009723 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 February 1988 to show he was separated in the rank and pay grade of specialist (SPC)/E-4 instead of private (PV1)/ E-1. 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) * DD Form 214 * National Guard Bureau (NGB) Form 23A (Army National Guard Current Annual Statement), 24 April 1992 * NGB Form 23A1 (Army National Guard Current Annual Statement – Supplemental Detailed Report), 24 April 1992 * NGB Form 23B (Army National Guard Retirement Points History Statement), 19 June 1996 * NGB Form 22 (Report of Separation and Record of Service), 8 August 1996 * Headquarters, Puerto Rico State Area Command, Army National Guard Orders 153-99, 12 August 1996 * DA Form 2-1 (Personnel Qualification Record – Part II) * Letter, Army Board for Correction of Military Records (ABCMR), 21 January 2020 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the 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 would like his rank and pay grade shown on his DD Form 214 to reflect SPC/E-4. 3. He was ordered to active duty for initial active duty training as a member of the Puerto Rico Army National Guard (PRARNG) on 21 August 1987. 4. He was released from active duty for training on 2 February 1988 by reason of expiration term of service and returned to the control of his PRARNG troop program unit. His DD Form 214 for this period shows he completed 5 months and 12 days of net active service. His DD Form 214 also shows in: * block 4a (Grade, Rate, or Rank) – PV1 * block 4b (Pay Grade) – E-1 * block 12h (Effective Date of Pay Grade) – 21 August 1987 * block 24 (Character of Service) – Entry Level Status (uncharacterized service) 5. His DA Form 2-1 shows he was advanced to SPC/E-4 effective 12 October 1988. 6. His NGB Form 23A, NGB Form 23A1, and NGB Form 23B prepared after his active duty service show his points earned toward retirement. His rank/grade is shown as SPC/E-4. 7. His NGB Form 22 shows he was honorably discharged from the PRARNG effective 8 August 1996. His rank/grade is shown as SPC/E-4. 8. Headquarters, Puerto Rico State Area Command, Army National Guard Orders 153-99, 12 August 1996, discharged him from the PRARNG effective 8 August 1996 and transferred him to the U.S. Army Reserve Control Group (Reinforcement). His rank is shown as SPC. 9. The letter from the ABCMR, 21 January 2020, informed the applicant that his advancement to the rank/grade of SPC/E-4 occurred after the period covered by his DD Form 214. His application was returned without prejudice and without Board action. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief not warranted. Documentation available for review, specifically, his DD214 for the period ending 2 February 1988, shows the applicant had a single period of active duty with the U.S. Army in 1987 resulting his being awarded the Military Occupational Series 31K (Combat Signaler) and obtaining the rank of PV1. His record is void of any other periods of active duty or documentation indicating that he was otherwise eligible for promotion. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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): The applicant's DD Form 214 for the period ending 2 February 1988 shows he successfully completed 166 days of initial active duty training and was awarded military occupational specialty 31K. His service characterization is shown as "Entry Level Status" (also known as uncharacterized). Under current regulatory guidance, block 24 of his DD Form 214 should be corrected to show his service characterization as "Honorable." REFERENCES: 1. Title 10, U.S. Code, 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. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, states Soldiers with less than 181 days of continuous active service who have completed initial entry training, been awarded a military occupational specialty, and been assigned to a follow-on unit for duty will be processed for discharge with an honorable characterization of service. 3. Army Regulation 635-5 (Separation Documents), 15 August 1979, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The detailed instructions for preparing the DD Form 214 stated for: a. blocks 4a and 4b, enter the separating Soldier's active duty grade or rank and pay grade at the time of separation; b. block 12h, enter the separating Soldier's effective date of promotion to the current pay grade from the most recent promotion order (or reduction instrument); and c. block 24, enter the characterization or description of service as determined by the directives authorizing separation. 4. Army Regulation 635-8 (Separation Processing and Documents), 10 February 2014, consolidated the policies, principles of support, and standards of service previously prescribed and published in Army Regulation 635-5 and established standardized policy for preparation of the DD Form 214. The detailed instructions for block 24 stated 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) AR20200009723 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1