IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210016735 APPLICANT REQUESTS: In effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her characterization of service as honorable instead of uncharacterized, and the entirety of her service, including service performed in the U.S. Army Reserve (USAR). Additionally, she requests an appearance before the Board via video/telephone. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), with self-authored statement * Orders 72-12, issued by Department of Defense, Military Entrance Processing Station, Sacramento, California on 7 May 1998 * DA Form 4187 (Personnel Action), dated 1 September 1998 * DD Form 214, for the period ending 19 December 1998 * Certificates of Achievement, dated April and July 1999 (two) * DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 9 August 1999 * Defense Finance and Accounting Service Military Leave and Earnings Statement, dated 8 December 1999 * DA Form 4856 (General Counseling Form), dated 31 May 2000 * DD Form 256A (Honorable Discharge Certificate), dated 25 April 2006 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: a. She would like her DD Form 214 accurately updated to show she was honorably discharged from the USAR. Her current DD Form 214 only shows her basic training service. She served two weeks in Guatemala helping medical personnel to aid the citizens there. b. Every time she put on her uniform she wore it with pride. She attended drills and wanted to serve on active duty. Almost two years into her service she got pregnant and served in an inactive status for the remainder of her service. She is asking to have her information corrected and her rank updated. 3. The applicant enlisted in the USAR on 20 April 1998, for a period of 8 years. 4. The applicant entered active duty for training (ADT) on 2 September 1998, for the purpose of completing her initial entry training. She completed required training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist). 5. The applicant was released from active duty on 19 December 1998, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 4, by reason of completion of required active service and was returned to the control of the USAR. Her DD Form 214 shows she was credited with 3 months and 18 days of net active service this period and her service was uncharacterized. 6. The DD Form 214 is a synopsis of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 7. The USAR does not issue a Report of Separation or Record of Service when a Soldier separates from the USAR, similar to the DD Form 214 or National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), issued by the Regular Army and the Army National Guard (ARNG), respectively. 8. With respect to the applicant's uncharacterized service: a. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active duty service. The evidence of record shows the applicant was in an entry-level status at the time of her release from ADT. b. An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT (IADT), entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component (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 ARNG Alternate Training Program or USAR Split Training Program will receive a character of service of honorable unless directed otherwise by the separation approval authority. c. The available evidence shows the applicant was called to ADT and awarded an MOS. Although his DD Form 214 properly reflects her 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 honorable. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial 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) 71L (Administrative 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. However, based on regulatory guidance the Board noted that the applicant’s service performed in the U.S. Army Reserve (USAR) was post service and not authorized a DD Form 214. The DD Form 214 is prepared for Soldiers separating or being discharged from active duty. Therefore, the Board granted partial relief and agreed that the applicant’s discharge should be upgraded to “honorable” for this term of service. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the entirety of her service, including service performed in the U.S. Army Reserve (USAR) to her DD Form 214. 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, 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. It established standardized policy for preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. Paragraph 1-4 provided that a DD Form 214 would be prepared for the personnel listed below at the time of their retirement, discharge, or release from the Active Army. Personnel included were members of the ARNG of the U.S. (ARNGUS) and USAR separated after completing 90 days or more of continuous ADT, and those separated after completing IADT that resulted in the award of an MOS, even though the active duty was less than 90 days. c. It states in item 5a enter the active duty rank held at the time of separation. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. Specifically, it references instruction related to the preparation of the DD Form 214. a. Paragraph 5-1f states that a DD Form 214 will be prepared for 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 ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6x(1) states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." 4. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Chapter 3 described the different characterizations of service. a. Paragraph 3-7a states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 3-9, of the regulation in effect at the time of his separation, stated that a separation would be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status (emphasis added), except in the following circumstances: (1) when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case or (2) when the Secretary of the Army, on a case-by-case basis, determines that an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. c. Section II (Terms) of the glossary states that entry-level status for Soldiers in the ARNG and USAR begins upon enlistment in the ARNG or USAR and, for those Soldiers ordered to IADT for one continuous period, terminates 180 days after the commencement of IADT. 5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), effective 19 January 2004, set forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different characterizations of service. Paragraph 3-9a (Entry-level-status separation) provides that a separation will be described as entry-level, with service uncharacterized, if processing is initiated while a Soldier is in entry-level status, except when: a. characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case; b. the Secretary of the Army, on a case-by-case basis, determines that an Honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty; or c. the Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016735 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1