IN THE CASE OF:
BOARD DATE: 22 MAY 2008
DOCKET NUMBER: AR20080002787
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, in effect, that his separation document (DD Form
214) be corrected to show his characterization of service as honorable for the period ending 9 July 1992.
2. The applicant states that proper procedures and proper counseling were not followed in regards to his separation from the Active Reserve. He is qualified to be transferred to the Individual Ready Reserve (IRR) due to financial hardship. He continued to earn promotions and citations. His awards, length of service, completion of initial entry training (IET), and military occupational specialty (MOS) awards qualify him for an honorable discharge. He further states that he asked the unit administrator to place him into the IRR several times because of his financial crisis, but he was offered no alternatives.
3. The applicant provides a copy of his DD Form 214, DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), Headquarters, 120th Army Reserve Command, Orders Number
081-020 dated 16 November 1994, and a Certificate of Award for the Army Achievement Medal.
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 applicants 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 applicants 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 military personnel record shows he enlisted in the U.S. Army Reserve on 22 February 1992. He completed the necessary training and was awarded the MOS 31K (Combat Signaler).
3. He was released from active duty training with a characterization of service of uncharacterized and was transferred to Headquarters and Headquarters Battery (HHB), 17th field Artillery, 3115 Western Boulevard (Blvd), Raleigh, North Carolina on 9 July 1992. He had completed 4 months and 18 days of Net Active Service This Period.
4. Headquarters, 120th Army Reserve Command, Orders Number
081-020 dated 16 November 1994 shows that the applicant was released from HHB, 17th field Artillery, 3115 Western Blvd, Raleigh, North Carolina for unsatisfactory participation, and transferred to the U.S. Army (USAR) Control Group RNF (Reinforcement), St. Louis, Missouri, effective 16 November 1994.
5. USAR Personnel Command Orders Number C-06-918123 dated 7 June
1999 shows that the applicant was released from the USAR Control Group (Annual Training) and was assigned to the 982nd Signal Company, effective
7 June 1999. On these set of orders his expiration term of service was noted as 14 January 2000.
6. Based on Headquarters, 335th Theater Signal Command Orders Number
00-040-009, dated 9 February 2000 the applicant was honorably discharged from the USAR effective 9 February 2000. The additional instructions state that the applicant was held beyond his normal discharge date through no fault of his own.
7. Army Regulation 635-200 (Personnel Separation), chapter 4 provides in pertinent part, that Soldiers who are in an entry level status upon completion of their IET for less than 180 days will be uncharacterized, even though they have completed their IET successfully.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, that his DD Form 214 be corrected to show his characterization of service as honorable for the period ending 9 July 1992.
2. Army Regulation 635-200, chapter 4 states that Soldiers who are in an entry level status upon completion of their IET for less than 180 days will be uncharacterized, even though they have completed their IET successfully. Therefore, the character of service is properly recorded on his DD Form 214. As such, he is not entitled to correction of his records to show honorable discharge.
3. ABCMR notes that the applicant received an honorable discharged from the USAR upon completion of his reserve obligation effective 9 February 2000.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ __X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_ __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) AR20080002787
4
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