IN THE CASE OF: BOARD DATE: 17 May 2023 DOCKET NUMBER: AR20220010181 APPLICANT REQUESTS: in effect: * correction of his DD Form 214 (Certificate of Release or Discharge) covering the period ending 29 March 1993, to reflect his entire military career, including his United States Army Reserve (USAR) service and achievements * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 not all of his time is on his DD Form 214. 3. The applicant enlisted in the United States Army Reserve on 25 September 1992 for a period of 8 years. 4. The applicant was ordered to initial active duty for training (IADT) and reported on 6 November 1992. He completed his required training and was awarded the military occupational specialty (MOS) of 62B (construction equipment repairer). He was released from active duty on 29 March 1993 and transferred to B/469th Engineer Battalion, Fort Dix, NJ. 5. Effective 15 September 1994, the applicant was transferred between Troop Program Units to C/854th Engineer Battalion, Pughkeepsie, NY. 6. The applicant was issued three (3) Letters of Instruction concerning unexcused absences on 5 and 6 November 1994, and 10 and 11 December 1994. 7. A Unit Commander's Statement, dated 27 March 1995, shows the applicant had been contacted and counselled on the possibility of becoming an unsatisfactory participant and has failed to respond accordingly. 8. A memorandum, subjected: Unsatisfactory Participant, dated 27 March 1995, shows the applicant had unexcused absences on 10, 11 and 12 March 1995 and had accrued 10 unexcused absences in a one-year period. He was declared an unsatisfactory participant and will be transferred to the Individual Ready Reserve (IRR) for the balance of his service obligation. Orders 121-28 show the applicant was transferred to the IRR effective 1 May 1995. 9. A DA Form 4187 (Personnel Action) shows the applicant requested voluntary assignment to 445 Quartermaster Company, Trenton, NJ on 10 March 1999. On 11 March 1999, he extended his enlistment for a period of 6 months establishing a new expiration of term of service (ETS) of 23 November 1999. Orders C-03-908568 show he was transferred as requested effective 11 March 1999. 10. The applicant was honorably discharged from the Army Reserve effective 23 November 1999. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. The Board determined the DD Form 214 will be issued at time of separation to each member of the Reserve components called or ordered to active duty for a period of 90 days or more. Upon review of the applicant’s petition and available military records, the Board found the applicant’s DD Form 214 accurately captures his years of service for the period ending 29 March 1993. Based on this, the Board denied relief. 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. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): A review of the applicant’s records shows his DD Form 214 covering the period ending 29 Mach 1993 should be amended with the following administrative correction: item 24 (Character of Service) to show “Honorable” instead of “Uncharacterized.” 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that will be furnished each individual who is separated from the Army, and establishes standardized procedures for the preparation and distribution of these documents. a. Section II, paragraph 4 states a DD Form 214 will be issued at time of separation to each member of the Regular Army and Reservice Components called or ordered to active duty or active-duty training for a period of 90 days or more. b. Table 2-1 provides the instructions for the preparation and distribution of the DD Form 214. It states for Item 12.b. (Separation Date this Period) enter separation date this period. (Separation date may not be the contractual date if extended for makeup of lost time or soldier has been held over for the convenience of the Government.) 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management, including the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). The specific instructions for completion of block 24 (Characterization of Service) includes the instructions that when a Reserve Component Soldier successfully completes initial active-duty training, the character of service is honorable, unless directed otherwise by the separation approval authority. This is a change from the prior regulations in effect at the time of the applicant’s service. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010181 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1