ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011364 APPLICANT REQUESTS: an upgrade of her uncharacterized character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Self-Authored Letter, dated 28 December 2020 * Basic Training Certificate, dated 11 May1989 * Material Storage and Handling Specialist Course Certificate, dated 7 July 1989 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Army National Guard (ARNG) Honorable Discharge Certificate, dated 27 April 2012 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * NGB Certificate of Service, dated 21 May 2012 * Email, dated 28 December 2020 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, 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 she enlisted in the military on 5 December 1988. Upon graduation from advanced individual training, she was released to the ARNG, 102nd Maintenance Company (Forward Direct Support), Brooklyn, NY, and has no breaks in service or misconduct. Her DD Form 214 reflects a reserve obligation of 4 December 1996, however she retired on 27 April 2012 with an honorable discharge. After she applied for a job with the Veterans Affairs, she was not selected because of her "uncharacterized" character of service. 3. Her initial enlistment contract is unavailable for review. 4. The applicant provides: a. A Material Storage and Handling Specialist Course certificate, showing she completed advanced individual training on 7 July 1989. b. Her DD Form 214 shows she entered active duty to complete training from 21 February - 7 July 1989, and was awarded military occupational specialty (MOS) 76V (Material Storage and Handling Specialist). She was released from active duty for training (ADT) on 7 July 1989 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 4-2 with an uncharacterized characterization of service. Her DD Form 214 shows in: * Item 23 (Type of Separation), Relief from ADT * Item 24 (Character of Service), Uncharacterized * Item 25 (Separation Authority), AR 635-200, paragraph 4-2 * Item 26 (Separation Code), LBK (Expiration of Term of Service) * Item 28 (Narrative Reason for Separation), Expiration of Term of Service c. On 27 April 2012, she was discharged from the New York ARNG and retired from the ARNG. 5. The applicant requests an upgrade. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded a MOS. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" according to regulatory guidance in effect at the time of separation, effective 1 March 2014, regulatory guidance changed stating entry level Soldiers who completed IADT and were awarded an MOS were to be given an honorable discharge, unless otherwise directed by the separation authority; based on this, and in the interest of equity, the characterization of service should read as honorable. 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 applicant’s contentions, military record, and regulatory guidance were carefully considered. In accordance with current regulation, upon completion of IADT and award an MOS, the applicant would have been issued a DD214 showing the character of service as honorable. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 18 July 1991 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. REFERENCES: 1. Title 10, United States 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the ARNGUS Alternate Training Program or U.S. Army Reserve (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. 3. AR 635-200 (Personnel Separations - Enlisted Personnel) 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 ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011364 1 1