IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210014340 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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) * DD Form 214 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 on his DD Form 149 that he was sexually assaulted/harassed at Fort Leonard Wood, MO in August 1994. [Note: the applicant incorrectly indicated he received an under other than honorable conditions characterization of service on his application. He received an uncharacterized separation.] 3. The applicant enlisted in the Louisiana Army National Guard (LAARNG) for 8 years on 9 August 1994. He entered active duty for training on, for the purpose of completing his initial active duty for training (IADT). He completed IADT, was awarded military occupational specialty (MOS) 51B (Carpentry and Masonry Specialist), and was released from active duty training (REFRAD). 4. The applicant was REFRAD on 9 December 1994 and was returned to the control of the LAARNG. The DD Form 214 he was issued shows his type of separation was "Released from Active Duty Training," his service was uncharacterized, and the narrative reason for separation was "Completion of Required Active Service." 5. The available evidence shows the applicant was called to active duty for training, successfully completed training and awarded an MOS. Although his DD Form 214 properly reflects his 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 and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the applicant was awarded military occupational specialty (MOS) 51B (Carpentry and Masonry Specialist), and was released from active duty training (REFRAD). Regulatory guidance indicates that USAR and ARNG Soldiers are granted an honorable discharge if they complete their active duty training, receive an MOS and are returned to their units. This is the applicant’s case. Therefore, the Board agreed that the applicant’s discharge should be upgraded to “honorable” for this term of service. 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 showing his characterization 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, 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 635-200 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 Army National Guard (ARNG) and USAR Soldiers, entry level status begins upon enlistment in the Army National Guard or U.S. Army Reserve 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. 3. Army Regulation 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 Reserve Component (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.) AR20210014340 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1