IN THE CASE OF: BOARD DATE: 15 March 2022 DOCKET NUMBER: AR20210013036 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 18 March 1994, to show an honorable character of service, vice uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record) * DD Form 214 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, at the time the Army issued him an uncharacterized character of service, he was dealing with personal issues; he is currently trying to purchase a home for his family, and he requires an honorable character of service to qualify for a Department of Veterans Affairs (VA) Home Loan. 3. On 23 February 1993, the applicant enlisted into the U.S. Army Reserve (USAR) for 8 years. His service record shows he entered active duty to complete initial entry training (IET), on 14 October 1993, and was subsequently awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist). 4. His DD Form 214 confirms he was released from active duty, on 18 March 1994, and he returned to his USAR Troop Program Unit (TPU), in accordance with the requirements of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4 (Separation for Expiration of Service Obligation); his character of service was uncharacterized. 5. The available evidence shows the applicant was a USAR Soldier who was called to active duty for training, successfully completed training, and was awarded an MOS. Following IET, the applicant returned to his USAR TPU. a. At the time the applicant completed his 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) upon their successful completion of IET, the award an MOS, and the subsequent release to their respective RC units for duty. b. The available evidence confirms the applicant fulfilled the requirements of the current regulation, and, were he undergoing IET today, a separation authority would issue him 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: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief is warranted. The applicant’s contentions were carefully considered. He completed a period of active duty while conducting initial entry training (IET). He was awarded a MOS at the completion of IET and was transferred back to the USAR. Army Regulation 635-200 provides that when a RC Soldier successfully completes IADT, the character of service is Honorable unless directed otherwise by the separation authority. Based upon regulatory guidance, the Board agreed the DD Form 214 should 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 him a DD Form 214 for the period ending 18 March 1994 showing 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 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, separation authorities were to describe as an entry-level separation with service uncharacterized if the command initiated separation processing while a Soldier is in entry-level status. For Army National Guard (ARNG) and U.S. Army Reserve (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 (basic training or basic combat training) remain in entry-level status until 90 days after beginning Phase II. 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 a period of initial active duty for training were to be out-processed and returned to their respective RC units. Separation authorities were to show an uncharacterized character of service for Soldiers in an entry-level status. 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 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) AR20210013036 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1