IN THE CASE OF:
BOARD DATE: 30 OCTOBER 2008
DOCKET NUMBER: AR20080005417
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 award of the Army Service Ribbon (ASR) and that Item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed his GED (General Educational Development), sometimes referred to as the "General Equivalency Diploma."
2. The applicant states, in effect, that he completed his GED while in the Army and that he meets the requirements for award of the ASR because he completed his initial entry training.
3. The applicant provides a copy of his basic training completion certificate; a copy of his DA Form 2-1 (Personnel Qualification Record); and a copy of his GED test results, 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 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. On 28 January 1987, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years. On 17 March 1987, he was discharged from the DEP and enlisted in the Regular Army for 3 years. He completed basic training and graduated on 28 May 1987.
3. On 28 May 1987, the applicant was given a pass upon completion of basic combat training (BCT) and he failed to return to his unit on time. On 4 June 1987, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent from his unit until 2100 hours on 28 May 1987. His punishment consisted of a forfeiture of $141.00, 14 days of restriction, and 14 days of extra duty.
4. On 9 June 1987, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 11 (entry-level separation) by reason of entry-level status performance and conduct, with an uncharacterized discharge. The unit commander indicated that he was initiating separation action based on the applicant's immaturity, and lack of motivation and potential for becoming a good Soldier.
5. On 9 June 1987, the applicant waived his right to consult with legal counsel and did not submit a statement in his own behalf.
6. On 18 June 1987, the applicant was discharged after completing 3 months and 2 days of active military service. His service was uncharacterized. His DD Form 214 shows that he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level status - performance and conduct. He did not complete advanced individual training (AIT) or obtain a military occupational specialty.
7. The applicant provided a copy of his GED test results from the GED Testing Center, El Paso, Texas, which shows that on 23 April 1987, the applicant passed the tests required for issuance of his GED.
8. Army Regulation 600-8-22 (Military Awards) shows that the ASR was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. All members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award of the ASR upon successful completion of initial entry training. Initial entry training is comprised of both BCT and AIT. The applicant did not complete AIT. Therefore, he does not meet the eligibility requirements for award of the ASR.
2. The applicant completed his GED on 23 April 1987 while in the Army. Therefore, he is entitled to have his record corrected as directed below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ ___X_____ 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 changing Item 16 of his DD Form 214 to show "YES."
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 award of the ASR.
________XXX______________
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) AR20080005417
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