IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080006610
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 that his characterization of service be corrected from uncharacterized to honorable.
2. The applicant states he thought he had an honorable discharge until he requested a new copy of his 27 October 1983 DD Form 214 (Certificate of Release or Discharge from Active Duty) to apply for a Department of Veterans Affairs (VA) home loan.
3. The applicant provides copies of his DD Form 214 and a VA statement of service.
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 13 May 1983, the applicant enlisted in the United States Army Reserve (USAR) for 6 years.
3. He served on initial active duty for training (IADT) from 24 May 1983 through 27 October 1983 and was awarded the military occupational specialty (MOS) 63B (Light Wheeled Vehicle and Power Generator Mechanic).
4. The 27 October 1983 DD Form 214 shows that the applicant was released from active duty for training (ADT) and returned to his USAR unit under the provisions of Army Regulation 635-200, paragraph 16-9A and B. His DD Form 214, at block 24, lists his characterization of service as uncharacterized. The narrative reason for separation is listed as being for completion of his MOS training or an early release from a Reserve Component Program (RCP).
5. Upon completion of his Reserve obligation, the applicant was honorably discharged from the USAR effective 12 May 1990.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-9, as then in effect, stated that the characterization of service for a service member released under this authority, who completed at least 12 weeks of training, would be honorable.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed over 60 weeks of IADT and was awarded an MOS before being properly returned to the control of his USAR unit.
2. Under the regulations in effect at that time, an honorable characterization of service was mandated for this type of separation. Therefore, it is appropriate to correct the 27 October 1983 DD Form 214, at block 24, to show an honorable characterization of service.
BOARD VOTE:
___X____ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the 27 October 1983 DD Form 214, at block 24, an honorable characterization of service.
_________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) AR20080006610
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