IN THE CASE OF:  

BOARD DATE:  14 May 2021

DOCKET NUMBER:  AR20210006009


APPLICANT REQUESTS:  The applicant requests an upgrade of his uncharacterized 
character of service to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge) in lieu of DD Form 149 
(Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) for period 
ending 17 December 1992
*	Department of Military Affairs State of Illinois Orders 221-33, 17 November 1993
*	NGB Form 22 (National Guard Bureau Report of Separation and Record of 
Service), effective date 1 November 1993
*	DD Form 214 for period ending 1 November 1996

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 he is filing an Office of Personnel Management (OPM) medical 
retirement to receive military time credit for which he had already paid to transfer. OPM 
will only accept an honorable character of service. He presumes it was marked 
uncharacterized because it was initial active duty training for a National Guard 
assignment (transfer of command). He had honorable releases from the ARNG as well 
as later honorable DD Forms 214 from active duty service.

3.  On 4 December 1992, the applicant enlisted in the Illinois Army National Guard. His 
DD Form 214 shows he entered active duty to complete training from 7 July 1992 to 
17 December 1992 and was awarded military occupational skill (MOS) 31V10 (Unit 
Level Communications Maintainer). (The DD Form 214 for period ending 17 December 
1992, located in his record is blackened out after item 22 (Official Authorized to Sign).)

4.  On 2 November 1993, the applicant enlisted in the Regular Army for a term of 
3 years. His DD Form 214 for period ending 1 November 1996, shows he was 
honorably released from active duty and he was transferred to the U.S. Army Reserve 
Control Group (Reinforcement), Saint Louis, MO. He completed his 3-year contractual 
obligation.

5. The applicant provides:

     a. His DD Form 214 for period ending 17 December 1992, which shows: 

*	Type of Separation: Release from Active Duty  
*	Character of Service:  Uncharacterized
*	Separation Authority:  AR 635-200, Chapter 4-2h
*	Separation code:  MCD
*	Narrative Reason for Separation:  Completion of IADT (Initial Active Duty 
Training)

     b.  Department of Military Affairs State of Illinois Orders 221-33, 17 November 1993, 
shows on 1 November 1993, he was discharged from the ARNG and as a Reserve of 
the Army with an honorable character of service.

     c.  NGB Form 22 (National Guard Bureau Report of Separation and Record of 
Service), effective date 1 November 1993, shows on 4 December 1991, he enlisted in 
the Illinois Army National Guard and was discharged on 1 November 1993, with an 
honorable character of service to enlist in the Regular Army.

6.  The available evidence shows the applicant was called to active duty for training, 
awarded an MOS and served approximately 164 days of active duty prior to being 
released and returned to his reserve unit of assignment. 

BOARD DISCUSSION:

Although the applicant's DD Form 214 properly reflects his characterization of service 
as "uncharacterized" in accordance with regulatory guidance in effect at the time, 
effective 1 March 2014 regulatory guidance changed and now provides that entry level 
Soldier who complete IADT and are awarded an MOS will be given an honorable 
discharge; unless other characterization is directed by the separation authority.  The 
Board determined that, in the interest of equity, the applicant's DD Form 214 should be 
corrected to show his character of service as honorable.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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 his DD Form 
214 for the period ending 17 December 1992 to show his character of service as 
honorable.

 

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 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 (AR) 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.  AR 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)	 AR20210006009

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20210006009


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ABCMR Record of Proceedings (cont)	AR20210006009


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