IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230005680 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * Character of Service: Honorable vice Uncharacterized * Rank/Grade: Specialist (SPC)/E-4 vice Private First Class PFC)/E-3 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Congressional Letter 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 Section 24, Character of Service on his DD Form 214 is listed as "Uncharacterized." He requests it to be corrected to reflect full completion of obligations and Honorable discharge. Additionally, he asks to update his final pay grade status at time of separation from the Reserves to Specialist, E-4. As a Veteran of the United States Army, he is now a business owner and needs to have his veteran status to reflect accordingly to allow their company to apply for Veteran Ownership status. He followed the split option training model for Basic Training and Advanced Individual Training, which took place over two consecutive summers while he was attending College at the University (1993 and 1994). Upon completion, he attended all monthly training for 1 year, at which point his unit was disbanded and he then obtained IRR (Individual Ready Reserve). 3. Review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve (USAR) on 26 March 1993, in the rank/grade of private/E-2, under the Alternate Training program in military occupational specialty (MOS) 19D, Cavalry Scout. b. He entered active duty from 22 June to 27 August 1993 and completed basic combat training at Fort Knox, KY. He was issued a DD Form 220, Active Duty Report for this period of active duty c. On 26 September 1993, the applicant’s commander signed and approved a DA Form 4187 (Personnel Action) promoting him to PFC/E-4 in the USAR effective 26 September 1993. d. The applicant entered active duty or training, in the rank of PFC/E-3, on 22 June 1994. He completed training for award of MOS 19D. He was released from ADT on 25 August 1994 to the control of his Reserve unit. His DD Form 214 shows he completed 2 months and 4 days of active service. It also shows in: * Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) PFC/E-3 * Block 12h (Effective Date of Pay Grade) 26 September 1993 * Block 24 (Character of Service) Uncharacterized e. On 8 September 1994 (after his release from ADT), the applicant’s commander signed and approved a DA Form 4187 (Personnel Action) promoting him to SP4/E-4 in the USAR effective 8 September 1994. f. On 7 July 1995, Headquarters, 89th Regional Support Command published orders transferring him from his troop program unit 1st of the 322nd Cavalry to the IRRR. 4. By regulation (AR 635-200): a. An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. Soldiers are in an entry-level status when they are within their first 180 days of active duty service. b. Current guidance states Reserve Component 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 Army National Guard (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. 5. By regulation (AR 635-5 and AR 635-8), Block 4 (Grade, Rate, or Rank) of the DD Form 214 reflects the active-duty grade or rank and pay grade at time of separation, and Block 12h (Effective Date of Pay Grade) is obtained from the most recent promotion document (or reduction instrument) and reflects the effective date of promotion or reduction to the current pay grade (not to be confused with date of rank). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, 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 completed a period of active duty while conducting initial active duty for training (IADT). He was awarded a military occupational specialty (MOS) 19D (Cavalry Scout) 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 applicant’s DD Form 214 should show his character of service as Honorable. 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 his 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 correction of the applicant’s DD Form 214 to show his rank/grade: Specialist (SPC)/E-4 vice Private First Class PFC)/E-3. 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 635-5 (Separation Documents) in effect then (and 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.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. a. Paragraph 5-1f states that a DD Form 214 will be prepared for 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 ARNGUS Alternate Training Program or USAR Split Training Program). b. Paragraph 5-6 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." c. Also, paragraph 5-6 provides detailed instructions for data required in each block of the DD Form 214. (1) Block 4: Grade, Rate, or Rank. Verify that active duty grade or rank and pay grade are accurate at time of separation. (2) Block 12h (now in Block 12i) Effective Date of Pay Grade. From the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade. Do not confuse with date of rank. 3. Army Regulation 635-200 (Personnel Separations), 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005680 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1