IN THE CASE OF:	  

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090020403 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his characterization of service as honorable.

2.  The applicant states that he satisfactorily completed his training.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 4 November 1988, the applicant was ordered to initial active duty for training (IADT).
3.  On 15 April 1989, the applicant was released from IADT and transferred back to his Reserve Component unit.  He had completed 5 months and 12 days of IADT.

4.  The applicant's DD Form 214 shows in:

	a.  Item 23 (type of Separation) Relief from IADT;

	b.  Item 24 (Character of Service) Uncharacterized;

	c.  Item 25 (Separation Authority) Army Regulation 635-200, paragraph 4-2h.

5.  Army Regulation 635-200 (Personnel Separations) establishes policy and prescribes procedures for the orderly separation of Soldiers for a variety of reasons.  Paragraph 4-2h provides that Reserve Component Soldiers who successfully complete a period of IADT and are separated while still in an entry level status will have an uncharacterized period of service.  Entry level status for Reserve Component Soldiers terminates after the first 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his period of IADT as honorable.

2.  The governing regulation clearly provides that Reserve Component Soldiers who are separated in an entry level status will receive an uncharacterized period of service.  The applicant had not completed 180 days of IADT and was still in an entry level status.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the above, the applicant's request should be denied.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________X_________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090020403



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ABCMR Record of Proceedings (cont)                                         AR20090020403



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