IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220010016 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, his DD Form 214 covers his active duty for basic training and advanced individual training. He is requesting a correction to the character of service because his employer, Customs and Border Protection (CBP), will not accept a DD Form 214 that reflects an Uncharacterized discharge. This correction will allow him to use the active-duty time towards his retirement from the federal government. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms he was relieved from active-duty training (IADT) and transferred to his Army National Guard unit located in Jordan, Utah on 2 March 1992, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2, expiration term of service, with his service characterized as uncharacterized. He completed 5 months and 3 days of net active service this period and 21 days of total prior inactive service. 4. A review of the applicant’s service record shows: a. Headquarters, Utah National Guard orders 224-064, dated 14 December 1993, shows in paragraph 1, the applicant was a sergeant (SGT) honorably discharged from the Army National Guard (ARNG) and as a Reserve of the Army, effective 27 January 1994. Paragraph 2 shows the applicant was appointed in the ARNG in the grade of rank of warrant officer, one (WO1), with an effective date of 28 January 1994. b. NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) reflects the applicant was honorably discharged from the ARNG of Utah on 20 April 2000, under the provisions of NGR 600-101, paragraph 10-2a(2)(a), resignation. He served 6 years, 2 months, and 23 days of net service this period; 1 year, 9 months, and 17 days of prior Reserve Component Service; and, 7 months and 2 days of prior active federal service. c. Headquarters, Utah National Guard orders 111-044, dated 20 April 2000, shows in paragraph 1, the applicant was a chief warrant officer, two (CW2) honorably discharged from the ARNG, effective 20 April 2000. Paragraph 2 shows the applicant was appointed in the ARNG in the grade of rank of second lieutenant (2LT), aviation branch, with an effective date of 21 April 2000. d. NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) reflects the applicant was honorably discharged from the ARNG of Arizona on 31 May 2012, under the provisions of NGR 635-100, paragraph 5a(3), resignation. He served 18 years, 4 months, and 3 days of net service this period; 1 year, 9 months, and 17 days of prior Reserve Component Service; and, 7 months and 2 days of prior active federal service. 5. AR 635-200, in effect at the time he was separated provided that an uncharacterized separation was an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminated 180 days after beginning training. However, current guidance provides that Reserve Component (RC) Soldiers completing active duty that results in the award of an MOS, even when the active-duty period is less than 90 days (for example, completion of the advanced individual training component of ARNG of the U.S. (ARNGUS) Alternate Training Program or USAR Split Training Program), will receive a character of service of honorable unless directed otherwise by the separation approval authority. 6. The Board should consider the applicant's submissions in accordance with the published equity, injustice, or clemency determination guidance. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the 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) 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 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, 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 (AR) 635-200, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states, 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. The honorable characterization may be awarded a soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation unless an entry-level status separation (uncharacterized) is warranted. b. Paragraph 4-2 provides the policies on discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010016 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1