IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210016542 APPLICANT REQUESTS: The applicant requests an upgrade of his uncharacterized character of service to honorable for his 22 May 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Veterans Affairs (VA) Letter, dated 7 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 he requires this correction in order to buy back his military time for retirement. 3. On 27 August 1991, he enlisted in the Army National Guard of the United States for 8-years. His service record provides evidence that he entered active duty to complete basic and initial entry training from 13 January through 22 May 1992, and he was awarded military occupational specialty (MOS) 91B (Medical Specialist). His DD Form 214 shows he was released from active duty training (ADT) on 22 May 1992 under the provisions of Military Entrance Processing Station (MEPS) Self Terminating Orders 171-027, dated 5 September 1991, with an uncharacterized characterization of service. His DD Form 214 shows in: * Block 23 (Type of Separation), Relief from ADT * Block 24 (Character of Service), Uncharacterized * Block 25 (Separation Authority), MEPS Self-Terminating Orders 171-027, dated 5 September 1991 Course 91B * Block 26 (Separation Code), NA * Block 28 (Narrative Reason for Separation), Completion of Period of ADT 4. In support of his application, the applicant provides a VA benefits letter, dated 7 December 2020, that shows the VA granted him a 20 percent service-connected rating for left shoulder impingement syndrome with degenerative arthritis. 5. The applicant requests an upgrade of his 22 May 1992 DD Form 214. In regards to his DD Form 214, received upon completion of IADT: a. At the time the applicant separated, regulatory guidance stated an uncharacterized character of service was given to separating Soldiers in an entry-level status; Soldiers remained in an entry-level status until they had completed more than 180 days of continuous active duty. 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) after they have completed initial entry training, been awarded an MOS, and the RC Soldier then reports for duty at a follow-on unit of assignment. b. The available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current guidance 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) 91B (Medical 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 her 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, 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) AR20210016542 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1