IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020361


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 characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states the DD Form 214 he received following basic and advanced individual training shows his service as "uncharacterized."  This should be fixed.

3.  The applicant provides his DD Form 214.

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 enlisted in the U.S. Army Reserve (USAR) for 8 years on 11 October 1989.

3.  The applicant was ordered to Fort Sill, OK, for basic and advanced individual training in military occupational specialty 13E (Cannon Fire Direction Specialist).  On 16 November 1989, he entered initial active duty for training (IADT) for 18 weeks.  He completed training on 5 May 1990 and was released from IADT.

4.  The applicant's DD Form 214 shows:

* in item 23 (Type of Separation) – "release from IADT"
* in item 24 (Character of Service) – "uncharacterized"
* in item 25 (Separation Authority) – "Army Regulation 635-200, paragraph 
4-2h"

5.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) provides:

	a.  in paragraph 4-4 (Characterization of Service) that a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and service is uncharacterized; and

	b.  that the glossary defines entry-level status for USAR Soldiers as beginning upon enlistment in the Army National Guard or USAR.  For Soldiers ordered to IADT for one continuous period, entry-level status terminates 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his "uncharacterized" service corrected.

2.  The applicant was a USAR Soldier ordered to IADT.  He served 5 months and 20 days (170 days) in an entry-level status and was released from active duty.  By regulation, he received the proper characterization of service.

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 this requirement.


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 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)                                         AR20100020361



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ABCMR Record of Proceedings (cont)                                         AR20100020361



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