RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006672


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, in effect, that the type of separation, the
narrative reason and authority for separation, the separation code and the
Reserve obligation termination date currently reflected on his Certificate
of Release or Discharge from Active Duty (DD Form 214) be changed.

2.  The applicant states, in effect, that the information contained on his
DD Form 214 subjects him to civilian authority assaults and battery and
other hardships.

3.  The applicant provides in support of his application, a copy of his
National Guard Bureau Report of Separation and Record of Service (NGB Form
22) and a copy of 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 military records are unavailable for review.  The
information contained in this Record of Proceedings was obtained from the
documentation submitted by the applicant and applicable regulations.

3.  The applicant enlisted in the Massachusetts Army National Guard
(MAARNG) on 9 September 1983, in the pay grade of E-1.  The available
information suggests that he was ordered to active duty for training on 9
November 1983.

4.  His DD Form 214 shows that after completing 5 months and 12 days of
total active service, he was released from active duty (REFRAD) on 7 May
1984, under the provisions of Army Regulation 635-200, paragraph 11-3a, due
to entry


level status performance and conduct.  His DD Form 214 also shows that he
was transferred to the MAARNG to at the time of his REFRAD; that he was
assigned a LGA (entry level performance and conduct) separation code; that
his Reserve obligation termination date was not applicable (NA); and that
he had lost time from 2 January 1984 until 19 January 1984.

5.  The applicant's NGB Form 22 shows that after completing 8 months and
28 days of total service for pay purposes, he was honorably separated under
the provisions of Army Regulation 635-200, paragraph 11-3a and National
Guard Regulation 600-200, paragraph 7-9.

6.  A review of the available records fails to show that the applicant ever
applied to the Army Discharge Review Board for a change of the reason and
authority for his separation within that board's 15-year statute of
limitations.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 11 establishes policy and
prescribes procedures for separating members because of unsatisfactory
performance or conduct (or both) while in an entry-level status.  It
states, in pertinent part, that separation under this chapter applies to
soldiers who are in entry-level status and before the date of the
initiation of separation action, have completed no more than 180 days of
continuous active duty and have demonstrated that they cannot or will not
adapt socially or emotionally to military life.  Entry-level status is
defined as the first 180 days of continuous active duty.  It further states
that the character of service for members separated under the provisions of
this chapter will be uncharacterized.

8.  Army Regulation 635-5-1 prescribes the specific reasons for separating
soldiers from active duty and the separation codes to be entered on DD Form
214.  It provides that when a soldier’s narrative reason for separation is
entry level performance and conduct a separation code LGA will be entered
in block 26 of the DD Form 214.

9.  Army Regulation 635-5 provides that the Reserve obligation termination
date is the completion date of the statutory military service obligation
(MSO) incurred by a Soldier on initial enlistment or appointment in the
Armed Forces.  Department of Defense policy requires a soldier with no
previous military service who enlisted or was appointed on or after 1 Jun
84 to serve a period of 8 years.  At the time that the applicant enlisted,
he was eligible to serve anywhere from 2 years to 6 years.  The MSO starts
on the date of initial enlistment or appointment in the Regular Army, Army
National Guard, or the United States Army Reserve to include the Delayed
Entry Program (DEP).

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicable regulations, the narrative reason for
separation, the separation authority and the separation code currently
reflected on the applicant's DD Form 214 appears to be correct.  The
applicant has provided no evidence to the contrary; therefore, there is no
basis for granting this portion of his request.

2.  However, the applicant was released from active duty training and
transferred to the MAARNG.  Therefore, his DD Form 214 erroneously reflects
that he was released from active duty and it should be amended to reflect
the appropriate information.

3.  Additionally, the applicant was in an entry level status at the time of
his release from active duty training.  Accordingly, his service should
have been uncharacterized.

4.  Therefore, it would now be appropriate to correct the applicant's
records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LMD__  __WDP__  __JLP___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending his DD Form 214 to show Relief from
Active Duty Training as the type of separation that he received and
Uncharacterized as the character of his service.




2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the narrative reason for separation, separation authority and
separation code currently reflected on his DD Form 214.




                                  ___William D. Powers__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006672                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  191                 |110.0200/REASON & AUTHORITY             |
|3.  1021                |100.0000/ADMINISTRATIVE MATTERS         |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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