RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008816 


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


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  Item 12d (Total Prior Active Service) from “00 02 00” (2 months) to “01 10 23” (1 year, 10 months, and 23 days). 

	b.  Item 12f (Foreign Service) to show unspecified period of service in Honduras during a Road Building Exercise.

	c.  Item 16 (High School Graduate or Equivalent) from “No” to “Yes.”

	d.  Item 24 (Character of Service) from “Uncharacterized” to “”Honorable.”

2.  The applicant states, in effect, that he was discharged so others would avoid an investigation.

3.  The applicant provided a copy of his DD Form 214, dated 27 July 1989; a copy of his NGB Form 22 (National Guard Bureau Report of Separations and Record of Service), dated 31 May 1995; and a copy of his college transcripts from Stephen Austin State University, Nacogdoches, Texas, dated 21 May 2007, in support of his application.

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 records show that he enlisted in the U.S. Army Reserve (USAR), in the grade of private/pay grade E-1, on 2 February 1988.  His records further show that he attended basic combat training at Fort Leonard Wood, Missouri, during the period 6 June 1988 through 5 August 1988 (a total of 2 months and 0 days).  The applicant was furnished a DD Form 220 (Active Duty Report) on 5 August 1988 to document his active duty service.

3.  The applicant’s records further show that he attended advanced individual training (AIT), in an active duty status, at Fort Leonard Wood, Missouri, during the period 15 June 1989 through 27 July 1989.  He was relieved from AIT for unknown reasons.  The facts and circumstances surrounding his release are not available for review with this case.  The DD Form 214 he was issued at the time of his separation shows the following entries:

	a.  Item 12c (Net Active Service This Period) as “00 01 13” (one month and 13 days), reflecting the period 15 June 1989 through 27 July 1989.

	b.  Item 12d (Total Prior Active Service) as “00 02 00” (2 months) reflecting his active duty attendance at basic combat training during the period 6 June 1988 through 5 August 1988.

	c.  Item 12f (Foreign Service) as “00 00 00”, indicating he did not serve overseas or in a foreign country.

	d.  Item 16 (High School Graduate or Equivalent) marked as “No”, indicating the applicant had not completed High School as of the date of this DD Form 214. 

4.  On 19 December 1990, after satisfactorily completing the required regular study, the applicant was awarded a High School Diploma from Jasper High School, Texas.

5.  On 8 March 1991, the applicant enlisted in the Texas Army National Guard (TXARNG), in the grade of private first class/pay grade E-3, for a period of 4 years. 

5.  On 24 August 1991, the applicant attended a two-week non-resident Cannon Crewmember Course in Jasper, Texas, and on 5 September 1991, he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). 

6.  There is no indication in the applicant’s records that he served in Honduras or in any foreign country during his active duty service.

7.  The applicant's official undergraduate academic record from Stephen Austin State University, dated 21 May 2007, shows that the applicant had completed 85 undergraduate credit hours as of 15 May 2007.
8.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

9.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The date the Soldier entered active duty status will be entered in Item 12a,  the last date of active duty will be entered in Item 12b, total prior active service is entered in Item 12d, and foreign service is entered in Item 12f.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered in Item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

10.  Army Regulation 635-200 (Personnel Separations) sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  When separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  However, nothing in this chapter prevents separation under another provision of this regulation when such separation is warranted.  Entry level separation-uncharacterized is used for separation per this chapter.

11.  A separation will be described as an entry level separation if processing is initiated while a member is in entry level status, except in the following circumstances: (a) When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (6) The Secretary of the Army, on a case by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the member is separated by reason of selected changes in service obligation, convenience of the Government and Secretarial authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show his 1 year, 10 months, and 23 days prior active service; foreign service in Honduras; high school graduate; and Honorable character of service.

2.  Evidence of record shows that the applicant completed 2 months of active military service while attending basic combat training.  Evidence of record further shows that the DD Form 214, dated 27 July 1989, reflects this period of active duty in Item 12d (Total Prior Active Service).  

3.  There is no evidence in the applicant's records and the applicant failed to provide substantiating evidence to show his service in Honduras or any other foreign country.  Therefore, the entry in Item 12f (Foreign Service) that shows   "00 00 00" is correct. 

4.  Evidence of record shows that the applicant was awarded a high school diploma on 19 December 1990 and could not have been entered on the DD Form 214, dated 27 July 1989.  Therefore, the entry in Item 16 (High School Graduate or Equivalent) which is marked as "No" is correct.  

5.  Evidence of record shows that the applicant was separated under chapter 4 of Army Regulation 635-200 while in training.  A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless an entry level separation is required.  The applicant was clearly in entry unit status, attending AIT.  

6.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. Consolidation of two or more periods of service into one DD Form 214 violates the intent and purpose of the DD Form 214.  Therefore, the applicant is not entitled to a relief.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __cd____  __qas___  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.




							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008816
SUFFIX

RECON

DATE BOARDED
20071114
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.