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ARMY | BCMR | CY2001 | 2001053014C070420
Original file (2001053014C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 April 2001
         DOCKET NUMBER: AR2001053014

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 19 February 1987, be corrected to show he was honorably separated.

APPLICANT STATES: That he was released from active duty because his training was completed and he was returned to his home station. He indicates he did not receive anything derogatory during his IADT training. He further indicates that “UNCHARACTERIZED SERVICE is not good”.

EVIDENCE OF RECORD: The applicant's military records are not available and information herein was obtained from alternate sources.

On 28 August 1986, the applicant entered initial active duty for training (IADT) as a member of the Army Reserve (USAR). He had served in the USAR for 6 months and 20 days prior to entry. He completed his required training and was awarded military occupational specialty 31C (Single Channel Radio Operator).

On 19 February 1987, upon completion of his IADT, he was released back to his USAR unit with an Entry-Level Status character of service. His separation document indicates he had 5 months and 22 days of creditable service. He was entitled to award of the Army Service Ribbon.

On 27 March 1998, the Army Discharge Review Board found his separation to be proper and equitable, but directed the Army Review Boards Agency – St. Louis to send the applicant a new DD Form 214 with the character of service changed to read “UNCHARACTERIZED”.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2h (Discharge or release from the Active Army upon termination of enlistment, and other periods of active duty or active duty or training) indicates that “ARNGUS and USAR soldiers who successfully complete a period of IADT to which ordered, and in whose cases the special conditions set forth in paragraph 16-9 do not apply, will out-process per AR 612-201. The service of members specified in this paragraph who are in entry level status (ELS) will be uncharacterized, even though they have completed their IADT successfully.” Entry Level Status is having completed no more than 180 days of creditable continuous active duty or IADT, or no more than 90 days of Phase II under a split or alternate training option.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The evidence of record shows the applicant was serving on IADT and was in an ELS status when separated. There is no error or injustice in his separation and his DD Form 214 need not be changed.

2. 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.

3. The applicant’s uncharacterized service is not derogatory, but shows his service as active duty of less than 180 days.

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

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_tfb_____ __jtm____ __wtm___ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2001053014
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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