IN THE CASE OF: BOARD DATE: 13 September 2021 DOCKET NUMBER: AR20210008466 APPLICANT REQUESTS: * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable character of service * Permission to personally appear before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 applied for a Federal job and they denied him VRA (Veterans Recruitment Appointment) due to his uncharacterized character of service. He had no issues during either basic combat training (BCT) or advanced individual training (AIT); he notes he shot expert, achieved a high Army Physical Fitness Test score, was a platoon leader during AIT, and graduated at the top of his class. After completing initial entry training (IET), the applicant returned to his North Carolina Army National Guard (NCARNG) unit with no lapse in service. 3. On 11 January 1989, the applicant enlisted into the NCARNG and the Army of the Reserve (USAR) for 8 years. His service record indicates, on 24 January 1989, he entered in initial active duty for training (IADT) to complete his IET; on 17 May 1989, after the award of military occupational specialty (MOS) 76Y Unit Supply Specialist), the applicant was released from active duty with an uncharacterized character of service. His DD Form 214 shows he completed 3 months and 24 days of net active duty service and was awarded or authorized the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). The separation authority was Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation). 4. AR 15-185 (ABCMR), states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. 5. The available evidence confirms the applicant was called to IADT, successfully completed IET, and was awarded an MOS. Following IET, the applicant returned to his ARNG unit for duty. a. At the time the applicant completed IET, the governing regulation stated separating Soldiers in an entry-level status were required to receive an uncharacterized character of service. However, the current separation regulation states Reserve Component (RC) Soldiers will receive an honorable character of service (unless directed otherwise by the separation approval authority) following their successful completion of IET (both Phase I (BCT) and Phase II (AIT), after the award of an MOS, and upon their release to an RC unit for duty. b. The evidence of record shows the applicant fulfilled the requirements of the current regulation and, were he undergoing IET today, he would receive an honorable character of service. Based on current regulatory guidance, it would be appropriate to revise his character of service to honorable, in the interest of equity. BOARD DISCUSSION: 1. The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board is not necessary to serve the interest of equity and justice in this case. 2. 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. One possible outcome was to deny relief. However, the majority of the Board recognized that the applicant completed IADT and awarded an MOS. In accordance with current regulation, he 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 the character of service as honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : X: 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 him a DD Form 214 for the period ending on 17 May 1989 showing the 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, 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. AR 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separation. a. It stated, except under specific circumstances, a separation was described as an entry-level separation with service uncharacterized if processing was initiated while a Soldier is in entry-level status. For ARNG and USAR Soldiers, entry level status began upon enlistment, and terminated either on the completion of one continuous period of 180 days (counting from the start of training), or, for Soldiers ordered to IADT for the split or alternate training option, 90 days after beginning Phase II (advanced individual training). (Soldiers completing Phase I (BCT) remain in entry-level status until 90 days after beginning Phase II (AIT). b. Paragraph 4-2 (Discharge or Release from Active Duty upon Termination of Enlistment, and Other Periods of Active Duty or Active Duty for Training) stated, ARNG and USAR Solders who successfully completed initial active duty for training were to be out-processed and returned to their respective RC units. Separation authorities were to issue Soldier in an entry-level status an uncharacterized character of service. 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 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 IADT, the character of service is Honorable unless directed otherwise by the separation approval authority. 4. AR 15-185 (ABCMR), states an applicant is not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of ABCMR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008466 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210008466 1 ABCMR Record of Proceedings (cont) AR20210008466 1