IN THE CASE OF: BOARD DATE: 6 October 2021 DOCKET NUMBER: AR20200009877 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending 5 October 1998. * U.S. Army Physical Disability Agency (USAPDA), Order Number D 303-2, dated 29 October 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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: a. The DD Form 214 in question is from 1998. He had been in the Louisiana Army National Guard (LAARNG) since 1997 and he also works as a Department of Defense (DoD) civilian for the Department of the Army (DA) (Wage Grade-11). He has worked for the DA for over 15 years. He is trying to get his retirement in order and he can purchase four months of service from advanced individual training (AIT) to add more time towards his DoD civilian time for his retirement. b. He is not clear as to why the Character of Service, Block 24 on his DD Form 214 was entered as "Uncharacterized" instead of "Honorable." He served honorably for 23 years and he is set to retire from the Army National Guard (ARNG) on 12 September 2020. His orders have been published. For the record, the date at the time was 2 December 2020, just 10 days from retiring from the ARNG. Having his DD Form 214 changed would only mean that he would then be able to purchase four months towards his civilian retirement and every day counts. 3. On 18 March 1997, the applicant enlisted in the LAARNG for a term of 8 years. In connection with his enlistment he endorsed an NGB Form 21 (Annex A – DD Form 4), which shows he was to undergo training in primary military occupational specialty (MOS) 35J (Telecommunications Terminal Devices Repairer) or alternate MOS 35E (Army Radio and Communications Security Repairer). Additionally, he endorsed NGB Form 594-4 (Annex B – DD Form 4, Split Training Option). It states, upon completion of the BT (basic training) program, he will be released from IADT (initial active duty training) and permitted to return to civilian status. He will then immediately commence training with his assigned ARNG unit in a paid drill status. During this period, he is not required to attend annual training with his unit, but he may volunteer to attend AT and may do so if authorized by his commander. 4. On 19 March 1997, he was ordered to IADT, with a report date of 10 June 1997 at Fort Jackson, SC, to attend nine weeks of basic training under the alternate split training program. On 15 August 1977, he departed Fort Jackson, SC, to return to his home. 5. On 15 June 1998, he entered active duty for training to attend AIT at Fort Gordon, GA, to begin his MOS training. DA Form 2-1 (Personnel Qualification Record), item 17 (Civilian Education and Military Schools) shows the applicant attended the Telecommunications Terminal Devices Repairer Course for 25 weeks; however, he did not complete the course. 6. On 5 October 1998, he was released from active duty training and transferred to his Reserve organization in . He completed 3 months and 21 (113) days of his net active service this period and 2 months and 7 days of total prior active service. His DD Form 214 shows: * Primary Specialty: None * Type of Separation: Release from Active Training * Character of Service: Uncharacterized * Separation Authority: Army Regulation (AR) 635-200 * Separation Code: MBK * Narrative Reason for Separation: Completion of Required Active Duty 7. The applicant provides USAPDA Order Number D 303-02, dated 29 October 2020, shows effective 12 December 2020, the applicant was discharged from the Army National Guard under AR 635-40 (Personnel Separations –– Physical Evaluation for Retention, Retirement, or Separation), with disability severance pay in the grade of E-5, based on 5 years, 8 months, and 1 day of service. The disability resulted from combat- related injury and was incurred in a combat zone or during the performance of duty in combat-related operations. 8. The applicant requests an upgrade. The available evidence shows: a. The applicant was called to active duty for training under the split training program and completed his basic training (Phase I). He returned home and he was again called to active duty to attend AIT (Phase II), in which he attended for a duration 113 days; however, there is no evidence he was awarded an MOS during this period of service. At the time of his separation, entry level Soldiers, were given an uncharacterized discharge, regardless of being awarded an MOS. Effective 1 March 2014 regulatory guidance changed and provides entry level Soldiers who complete IADT and are awarded an MOS will be given an honorable discharge; unless other characterization is directed by the separation authority. b. In accordance with AR 635-200 entry level status for ARNG Soldiers in the split training program terminates 90 days after beginning Phase II AIT. It 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. In this case, the applicant completed his required active duty. Although there is no evidence to show the applicant was awarded an MOS, his record shows he was released from active duty 113 days after beginning his Phase II training and was no longer in entry-level status at the time of his separation. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. The applicant completed the period of required active duty and based on regulatory guidance should have received a characterization of honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 for the period ending 5 October 1998 showing • Characterization of Service: Honorable • Separation Authority: No change • Separation Code: No change • Reentry (RE) Code: No change • Narrative Reason for Separation: No change 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 (Certificate of Release or Discharge from Active Duty), for the period ending 5 October 1998, is missing important entries that affect his eligibility for post-service benefits. As a result, amend the DD Form 214, item 25 (Separation Authority) by deleting "AR 635-200" and adding the "AR 635-200, Chap 4." 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 Army Board for Correction of Military Records (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 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, provided for the separation of enlisted personnel. It 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) AR20200009877 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200009877 1 ABCMR Record of Proceedings (cont) AR20200009877 1