IN THE CASE OF:  
BOARD DATE: 16 August 2021 DOCKET NUMBER: AR20210006473 
APPLICANT REQUESTS: An upgrade of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 September 1988, to show his service is characterized as honorable in lieu of uncharacterized. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) 
. Personal Statement 
. DD Form 214 
. Army National Guard (ARNG) Orders 099-1058 
. DD Form 22 (National Guard Bureau Report of Separation and Record of 
Service) 
. ARNG Honorable Discharge Certificate 
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 (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 needs his service characterized as honorable so he can buy it back and have it accredited to the New York State Retirement System. He believes he has provided all of the supporting documents required. 

3. 
We are unable to provide all of the specific circumstance(s) surrounding his period of initial active duty for training (IADT), because all of the orders are not available. However, the available evidence shows the applicant enlisted in the ARNG on 30 March 1988, in pay grade E-1.  His DA Form 20 (Personnel Qualification Record), shows he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). 

4. 
The DD Form 214 he was issued shows he entered IADT from 11 May to 15 September 1988. He completed the training requirements, was awarded MOS 88M, and he was released from IADT to the control of the ARNG, in pay grade E-1.  He 


completed 4 months and 5 days of creditable active service. His DD Form 214 also shows in: 
. Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized – Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge M-16 (Rifle), and Hand Grenade 
. Type of Separation – “Release from ADT” . Character of Service – “Uncharacterized” . Separation Authority – Army Regulation (AR) 635-200 [Personnel Separations 
– Enlisted Personnel], Chapter 4 . Narrative Reason for Separation – “Expiration Term of Service” 
5. 
AR 635-8 (Separation Processing and Documents) states when a Reserve Component (RC) Soldier successfully completes IADT the character of service is honorable unless directed otherwise by the separation approval authority. 

6. 
In regard to the DD Form 214, he received upon completion of IADT: 


a. 
Regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status; Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active service. However, the current separation regulation states RC Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) after they have completed IADT, been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. 

b. 
The available evidence shows the applicant was ordered to IADT, he completed 4 months and 5 days of active service, and he was awarded an MOS; following separation, he returned to the ARNG. It would be appropriate to consider his character of service as honorable, given current guidance, and in the interest of equity. 


7. The applicant provides ARNG Orders 099-1058, ARNG Honorable Discharge Certificate, and an NGB Form 22, showing he was discharged from the ARNG on 14 March 2004. 
BOARD DISCUSSION: 
1. 
The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. 

2. 
Based on documentation available for review, the Board found sufficient evidence to grant relief. The applicant completed IADT, was awarded an MOS and, in accordance with current regulation, would have been issued an honorable discharge. In the absence of evidence indicating any other character of service having been directed and in the interest equity, the Board found that the applicant should be issued a new DD214 reflecting 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 the applicant a DD Form 214 for the period ending period ending 15 September 1988 to show his character of service as honorable. 
X 
CHAIRPERSO N 
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): NA 
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 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. 
AR 635-200, in effect at the time of his separation, stated an uncharacterized separation is an entry-level separation.  For Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training. 

3. 
AR 635-8, currently in effect, prescribes the transition processing function of the military personnel system. The regulation contains guidance in stating for block 24, the correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation; “When a RC Soldier successfully completes IADT the character of service is honorable unless directed otherwise by the separation approval authority. 


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