IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007473 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1995 to show: * her service characterization as honorable * her rank/grade as corporal/E-4 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * U.S. Army Reserve Personnel Command Orders D-05-318128, 14 May 2003 * Honorable Discharge Certificate, 14 May 2003 * Email (Reply: Application for Correction of Military Records), 30 September 2022 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 she believes the information shown on her DD Form 214 should correlate with her discharge paperwork and Honorable Discharge Certificate. 3. On 9 May 1995, she enlisted in the U.S. Army Reserve under the name 4. She entered initial active duty for training on 11 August 1995. She was released from active duty for training to the control of her U.S. Army Reserve unit on 15 December 1995. Her DD Form 214 for this period shows in:? * item 1 (Name – Last, First, Middle) – * item 4a (Grade, Rate, or Rank) – Private 1 * item 4b (Pay Grade) – E-1 * item 6 (Reserve Obligation Termination Date) – 8 May 2003 * item 12a (Date Entered Active Duty This Period) – 11 August 1995 * item 12b (Separation Date This Period) – 15 December 1995 * item 12c (Net Active Service) – 4 months and 5 days * item 23 (Type of Separation) – Release from Active Duty Training * item 24 (Character of Service) – Uncharacterized 5. U.S. Army Reserve Personnel Command Orders D-05-318128, 14 May 2003, honorably discharged her from the U.S. Army Reserve effective 14 May 2003. The orders and accompanying Honorable Discharge Certificate show her name as and her rank/grade as corporal/E-4 at the time of her discharge. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was partially warranted. The applicant's contentions, her military records, and regulatory guidance were carefully considered. a. The applicant completed a period of active duty while conducting initial entry training (IET). The applicant was awarded an MOS at the completion of IET and was transferred back to the USAR or the ARNG. 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 the applicant's character of service as Honorable. b. The applicant served on active duty for training from 11 August 1995 to 15 December 1995. During her active duty service, she held the rank of private/E-1. She did not hold the rank of specialist/E-4. ? 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 for the period ending 15 December 1995 showing the character 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 any relief in excess of that described above. 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, 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 635-200, 5 July 1984, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 3-7a (Honorable Discharge) stated an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-9 (Uncharacterized Separations) stated a separation will be described as an entry-level separation with service uncharacterized if processing was initiated while a Soldier was in an entry-level status. c. The glossary defined entry-level status for U.S. Army Reserve members ordered to initial active duty for training for one continuous period as 180 days after beginning training. 3. Army Regulation 635-5 (Separation Documents), 2 October 1989, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. Personnel officers will use the following source documents when preparing DD Forms 214 and other separation documents: * DA Form 201 (Military Personnel Records Jacket) * DA Forms 2 and 2-1 (Personnel Qualification Records) * separation orders * DD Forms 4 (Enlistment/Reenlistment Documents) * DA Form 3716 (Personnel Financial Record) * enlistment records and DD Forms 214 for prior service personnel * any other available records b. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. c. The specific instructions for item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) stated to enter the active duty grade or rank and pay grade at the time of separation. d. The specific instructions for item 24 (Character of Service) stated the characterization or description of service is determined by directives authorizing separation. Proper completion of this block is vital since it affects the Soldier's eligibility for post-service benefits. 4. Army Regulation 635-8 (Separation Processing and Documents), 10 February 2014, consolidated the policies, principles of support, and standards of service previously prescribed and published in Army Regulation 635-5 and established standardized policy for preparation of the DD Form 214. The detailed instructions for item 24 (Character of Service) stated 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007473 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1