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ARMY | BCMR | CY2003 | 2003086793C070212
Original file (2003086793C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 2 October 2003
                  DOCKET NUMBER: AR2003086793

         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Mr. Lester Echols 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 uncharacterized description of service be changed to honorable.

APPLICANT STATES: That during his time in service no corrective actions were taken and there were no reasons for any corrective actions to be taken. As supporting evidence, he provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 638 (Recommendation for Award) dated 27 July 2002 recommending him for award of the Army Achievement Medal, and transcripts from Purdue University.

EVIDENCE OF RECORD: The applicant's military records are not available. Information contained herein was obtained from his DD Form 214, the provided DA Form 638 and college transcripts, and an Army Discharge Review Board (ADRB) case considered on 12 March 2003.

Apparently around March 2000, the applicant enlisted in the Army National Guard. He was ordered to initial active duty for training (IADT) on 27 June 2000. He completed training and was released from active duty for training on 21 October 2000 after completing 3 months and 25 days of creditable active service. Item 14 (Military Education) of his DD Form 214 indicates that 8 weeks of that time was for military occupational specialty training).

On 12 March 2003, the ADRB determined that the applicant was properly separated with a characterization of service of uncharacterized.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 sets the policy and prescribes procedures for separating members upon expiration of enlistment or fulfillment of service obligation. Paragraph 4-2i states that Army National Guard and U. S. Army Reserve soldiers who successfully complete a period of IADT to which ordered will out process per Army Regulation 612-201. Paragraph 4-2i(1) states that the service of soldiers specified in this paragraph who are in entry-level status will be uncharacterized, even though they have completed their IADT successfully.

Army Regulation 635-200 further states (in Section II, Terms) that entry-level status, for Army National Guard and U. S. Army Reserve soldiers, begins upon enlisting in the Army National Guard or U. S. Army Reserve. For soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training.

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. 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.

2. Although the applicant's enlistment contract and IADT orders are not available, it appears he was ordered to IADT for one continuous period (as opposed to the split or alternate training option). (Since he was on active duty for 3 months and 25 days, and since 8 weeks of that period was for military occupational specialty training, presumably the remaining portion was for basic training.)

3. Therefore, the applicant's entry-level status would have terminated 180 days after beginning training on 27 June 2000. However, he completed IADT and was released from active duty on 21 October 2000 only 115 days after beginning training. For that reason, he was still in an entry-level status and properly given an uncharacterized description of service.

4. An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service. It merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

5. 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

__kan___ __le____ __jtm___ DENY APPLICATION



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




INDEX

CASE ID AR2003086793
SUFFIX
RECON
DATE BOARDED 20031002
TYPE OF DISCHARGE UNCHAR
DATE OF DISCHARGE 20001021
DISCHARGE AUTHORITY AR 635-200, ch 4
DISCHARGE REASON A.03
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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