IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080005899 


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 the entry of "Uncharacterized" in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to read "Honorable."

2.  The applicant essentially believes the record to be in error or unjust because he served his country with honor and discipline, and successfully completed several military courses, including the Primary Leadership Development Course (PLDC).  He also states that his instructors for the various courses have also noted his positive and eager attitude.  He further believes that he demonstrated honorable behavior during his time in the service and should not be prevented from obtaining any city or state licensing because of an uncharacterized discharge, which is now the case.  He also essentially reiterates that he has been denied a vendor's license because of his uncharacterized discharge.

3.  The applicant provides his DD Form 214, a DA Form 1059 (Service School Academic Evaluation Report) and diploma showing that he completed PLDC, 
DA Forms 1059 for Phase I of the military occupational specialty (MOS) 63B (Light Wheeled Vehicle Repairer) Course and Phases I and II of the MOS 63W (Wheeled Vehicle Repairer) Courses, a Certificate of Achievement, dated 
14 September 1990, and an Advancement Eligibility Status Roster, dated 21 July 1992 in support of this 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 military records show that he enlisted in the United States Army Reserve (USAR) on 13 June 1990 for a period of 8 years.  

3.  Orders, dated 14 January 1991, ordered the applicant to Initial Active Duty for Training (IADT) on 11 June 1991, and directed that upon completion of the training period shown on these orders, unless sooner relieved or extended by proper authority, he would return to his home.  These orders also show that he was to attend his approximately 13 weeks of advanced individual training (AIT) under the Split Training Program, with a reporting date to his AIT of 21 June 1991.  It should be noted that these orders are referred to as self-terminating orders.

4.  The applicant provided a DD Form 214 which essentially shows that he entered active duty for training (ADT) on 11 June 1991, and was released from ADT on 20 September 1991.  Item 23 (Type of Separation) of this document has an entry of "Release from Active Duty Training," and item 24 of this document has an entry of "Uncharacterized."  Item 25 (Separation Authority) of this document has an entry of "[Army Regulation] 635-200, Chapter 4," item 26 (Separation Code) has an entry of "LBK," and item 28 (Narrative Reason for Separation) has an entry of "Expiration [of] Term of Service."  Item 6 (Reserve Obligation Termination Date) of this document also shows that his expiration of term of service (ETS) and his 8-year military service obligation (MSO) was to end on 12 June 1998. 

5.  A review of the applicant's military records in the Interactive Personnel Electronic Records Management System (iPERMS) shows that orders, dated 
30 October 1995, relieved the applicant from Headquarters, 77th Army Reserve Command (ARCOM) effective 1 October 1995, and effectively transferred him to the United States Army Reserve Control Group (Annual Training).  However, although his Total Army Personnel Database – Reserve (TAPDB-R) record shows that his ETS was 12 June 1998, there is no evidence which shows that he was officially discharged on that date.  

6.  The applicant essentially believes the record to be in error or unjust because he served his country with honor and discipline, and successfully completed several military courses, including the PLDC.  He also stated that his instructors for the various courses have also noted his positive and eager attitude.  He further believes that he demonstrated honorable behavior during his time in the service and should not be prevented from obtaining any city or state licensing because of an uncharacterized discharge, which is now the case.  He also essentially reiterated that he has been denied a vendor's license because of his uncharacterized discharge.

7.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214.  For item 24, an entry of "Honorable," "Under Honorable Conditions (General)," "Under Other Than Honorable Conditions," "Bad Conduct," "Dishonorable," or "Uncharacterized" will be entered.  An entry of "Uncharacterized" is appropriate for Soldiers in an entry level status.  Entry level status is defined as the first 180 days of continuous active duty.

8.  This same regulation provides that for item 25, for a Soldier ordered to ADT or Active Duty for Special Work (ADSW) by self-terminating orders, enter "Self-Terminating Orders (Order Number, Course, and Date)."

9.  This same regulation provides that for item 26, normally, when item 25 contains self-terminating orders, enter "NA," [for "Not Applicable"]. 

10.  This same regulation provides that for item 28, enter, "Completion of Period of ADT" for Soldiers ordered to ADT on self-terminating orders,

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD] Codes) shows that SPD code "LBK" is assigned to Soldiers who are involuntarily released from active duty at the completion of required active service.  This regulation also shows that this SPD code is only to be used for Regular Army Soldiers, except those with a Declination of Continued Service Statement (DCSS) in force, who are ineligible for, barred from, or otherwise denied reenlistment that are separated on completion of an enlistment. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry of "Uncharacterized" in item 24 of his DD Form 214 should be changed to read "Honorable."

2.  As the applicant was in an entry level status at the time of his release from ADT on 20 September 1991, his DD Form 214 correctly has an entry of "Uncharacterized" in item 24.  However, his DD Form 214 essentially contains errors in items 25, 26, and 28, which lead erroneously to the conclusion, by issuing him an SPD code of "LBK" and a narrative reason for separation of "Expiration of Term of Service," that he was involuntary released from active duty at the completion of his enlistment while ineligible for, barred from, or otherwise denied reenlistment.  His separation authority is also incorrect.

3.  Inasmuch as the applicant essentially only requested that his characterization of service on his DD Form 214 be changed from "Uncharacterized" to "Honorable," the analyst in this case contacted the applicant to determine if he wished to have the items 25, 26, and 28 that are in error on his DD Form 214 corrected.  On 23 June 2008, the applicant responded by confirming that he would like those items corrected even though he did not initially request so, because he did not know that they were in error to begin with.  

4.  In view of the foregoing, there is no basis for changing the entry of "Uncharacterized" in item 24 of his DD Form 214 to read "Honorable."  However, it would be appropriate at this time to correct his DD Form 214 as follows:

	a.  change item 25 to read "Self-Terminating Orders Number 009-051, 63B AIT, dated 14 January 1991;"

	b.  change item 26 to read "NA;" and

	c.  change item 28 to read "Completion of Period of ADT."  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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:

	a.  changing item 25 of his DD Form 214 to read "Self-Terminating Orders Number 009-051, 63B AIT, dated 14 January 1991;"

	b.  changing item 26 of his DD Form 214 to read "NA;" and

	c.  changing item 28 of his DD Form 214 to read "Completion of Period of ADT."   

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 characterization of service shown in item 24 of his DD Form 214.

3.  The applicant is advised to contact the United States Army Reserve Personnel Command Transition and Separations Branch at (314) 592-0553/0572 to determine why he was not properly discharged on 12 June 1998.  He should request that he be provided orders discharging him from the United States Army Reserve Control Group effective 12 June 1998, and that he be provided an Honorable Discharge Certificate, if otherwise qualified.   




      ___        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)                                         AR20080005899



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ABCMR Record of Proceedings (cont)                                         AR20080005899



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