IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210006563 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 November 1987, to show his service was characterized as honorable. 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), (online application), dated 2 March 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 7 November 1987 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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 is a dual status Federal military technician who bought back military service time so it could be applied to his civilian retirement time. When he attended a retirement class recently, it was brought to his attention that the rules regarding the buying back of military service time had changed and now the only DD Forms 214 that are acceptable are those that show an honorable service characterization. The instructor said this is a common occurrence and could be remedied by having the DD Form 214 changed. He bought back his military time about 20 years ago and stands to unfairly lose that money due to a change in the Federal technician retirement policy through no fault of his own. Therefore, he respectfully asks that his service be characterized as honorable so the federal technician retirement program will honor something he already paid for. 3. The applicant enlisted in the Army National Guard (ARNG) on 31 March 1986. 4. The applicant entered active duty on 18 June 1987, for the purpose of completing his initial active duty for training (IADT). He completed IADT on 7 November 1987, was awarded military occupational specialty (MOS) 76C (Equipment Records and parts Specialist), and was released from active duty (REFRAD). The DD Form 214 he was issued upon his REFRAD shows his type of separation was "Relief from ADT"; his service was characterized as "Entry Level Status"; and the narrative reason for separation was "Expiration Term of Service." 5. The applicant's ARNG annual statement of record, dated 3 December 2018, shows he served continuously in the ARNG from 21 November 1986 through 20 November 2018. His official military personnel file shows he was still serving in an active status through 1 September 2021, with a projected termination date of 20 November 2023. 6. By regulation (AR 635-200) in effect at the time he was separated stated an uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNG of the U.S. (ARNGUS) Alternate Training Program or U.S. Army Reserve (USAR) Split Training Program) will receive a character of service of honorable unless directed otherwise by the separation approval authority. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members noted he the available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as entry level status in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity the characterization of service should read as honorable. Under current guidance, RC Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days will receive a character of service of honorable unless directed otherwise by the separation approval authority. 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: 1. 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 re-issuing the applicant's DD Form 214 for the period ending 7 November 1987 to show an honorable characterization of service. 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, 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. Paragraph 1-4 provided that a DD Form 214 will be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included are members of the ARNGUS and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing initial active duty for training that resulted in the award of an MOS, even though the active duty was less than 90 days. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. a. Paragraph 5-1f states that a DD Form 214 will be prepared for Reserve Component (RC) Solders completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6x (1) states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 described the different characterizations of service. a. Paragraph 3-7a provided that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9 provided that a separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except in the following circumstances: (1) when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or (2) when the Secretary of the Army, on a case-by-case basis, determines that an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Section II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT. 5. Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), effective 19 January 2004, set forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different characterizations of service. Paragraph 3-9a (Entry-level-status separation) provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in entry-level status, except when: a. characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; b. the Secretary of the Army, on a case-by-case basis, determines that a Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or c. the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20210006563 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDING 1