BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020804 


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 the character of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected from uncharacterized to honorable.

2.  The applicant states that while his DD Form 214 properly reflected his entry level status (since he had less than 180 days of active duty), because he was a Reservist he did not have the opportunity to serve over 180 days of active duty.  He adds that he has a clean service record with no instances of indiscipline.

3.  The applicant does not provide additional documents.

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.  The applicant’s military records show that he enlisted in the United States Army Reserve (USAR) on 5 November 1991 with no prior service.

3.  The applicant served his initial entry training (IET) from 8 July to 24 November 1992, a total of 4 months and 17 days.  Upon completion of his IET, the applicant was released from active duty and returned to his USAR unit.  The DD Form 214 he was issued, Item 24, Character of Service, has the entry Uncharacterized.

4.  Army Regulation 635-200 (Enlisted Separations), paragraph 3-9, mandates that separations be uncharacterized if separation occurs while the Soldier is in an entry level status.  The glossary of this regulation defines Entry Level Status as the first 180 days of continuous active duty.  

DISCUSSION AND CONCLUSIONS:

1.  Clearly the applicant had less than 180 days of active duty when he was released from active duty upon completion of his IET.  As such, his service was properly uncharacterized.  This is not contested by the applicant.

2.  While it is understandable that the applicant would like his active service to be characterized as honorable, the regulation is specific in characterizing service of less than 180 days.  Neither the fact that the Soldier is a Reservist who would serve over 180 days of active duty IF he had the opportunity nor an unblemished service record can be used to characterize an entry level status separation as honorable.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090020804





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ABCMR Record of Proceedings (cont)                                         AR20090020804



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