IN THE CASE OF:	  

		BOARD DATE:  5 April 2012

		DOCKET NUMBER:  AR20110019333 


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 his service for initial active duty for training (IADT), completed on 8 May 1998, be changed to honorable.

2.  The applicant states his discharge should have been honorable.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 May 1998.

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.  He enlisted in the U.S. Army Reserve (USAR) on 5 December 1997.  He was ordered to active duty on 14 January 1998.  He completed basic combat and advanced individual training.  He was awarded military occupational specialty 71G (Patient Administration Specialist) effective 8 May 1998.

3.  On 8 May 1998, he was released from active duty and returned to his unit.  He completed 3 months and 25 days of active duty that was uncharacterized.

4.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, set policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.

	a.  Paragraph 4-2h stated that the service of USAR Soldiers who successfully complete a period of IADT to which ordered and who were in an entry-level status would be uncharacterized.

	b.  Entry-level status for USAR Soldiers was defined as the period from enlistment in the USAR until 180 days after beginning training for those Soldiers ordered to IADT for one continuous period.  

DISCUSSION AND CONCLUSIONS:

1.  He was ordered to IADT for one continuous period and he reported for training on 14 January 1998.  He had not completed 180 days of active service when he was released from IADT on 8 May 1998.  Therefore, he was in an entry-level status upon his release.

2.  Because he was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time.

3.  Therefore, there is no basis for changing the characterization of his active service completed on 8 May 1998.


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)                                         AR20110019333





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ABCMR Record of Proceedings (cont)                                         AR20110019333



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