IN THE CASE OF: BOARD DATE: 7 September 2022 DOCKET NUMBER: AR20210015689 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 12 August 2004, to show his service was characterized as honorable rather than uncharacterized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 29 (Application for the Review of Discharge) * DD Form 214, for the period ending 12 August 2004 * DD Form 214, for the period ending 26 December 2006 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), for the period ending 6 December 2010 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, in effect, the DD Form 214 he was issued upon completion of Basic Combat Training (BCT) and Advanced Individual Training (AIT) stating his service was uncharacterized is affecting his ability to receive education benefits that he is qualified to receive. Now, benefits will expire without him being able to use them due to the length of time it has taken to resolve this problem. He continued to serve until he was honorably discharged due to personal hardship. He respectfully requests the Board upgrade the characterization of service on his DD Form 214 for the period ending 12 August 2004 to honorable. 3. On 16 December 2003, the applicant enlisted in the Army National Guard (ARNG) for a period of 8 years. 4. The applicant was ordered to initial active duty for training (IADT) with a reporting date of 10 February 2001, for the purpose of completing BCT and subsequent AIT. Upon completion of AIT, he was awarded military occupational specialty (MOS) 14S (Avenger Crewmember) and was released from active-duty training (REFRADT). 5. The applicant was REFRADT on 12 August 2004, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, by reason of completion of required active service. The DD Form 214 he was issued shows he completed 6 months and 3 days of net active service this period and his service was uncharacterized. 6. Orders 357-808, issued by the State of , Military Department, Office of the Adjutant General, on 23 December 2010, and his NGB Form 22 show the applicant was discharged from the ARNG and as a Reserve of the Army Reserve on 6 December 2010. His service for this period was "Honorable." 7. 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, 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. The Board determined the applicant completed a period of active duty while conducting initial active duty for training (IADT). He was awarded a military occupational specialty (MOS) 14S (Avenger Crewmember) and was released from active-duty training (REFRADT). 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 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. REFERENCES: 1. Title 10, USC, Section 1552(b), provides that applications for correction of military records must be filed within three 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 ARNG and U.S. Army Reserve Soldiers (USAR), 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. 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 an 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 an RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS//