IN THE CASE OF:
BOARD DATE: 13 AUGUST 2008
DOCKET NUMBER: AR20080008553
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 the character of service reflected on his Certificate of Release or Discharge from Active Duty (DD Form 214) be upgraded from uncharacterized to honorable.
2. The applicant states that he completed his basic combat training in the United States Army National Guard (ARNG) in June 1989 during his junior year of high school. He states that after his graduation from high school, he attended advance individual training (AIT) from 7 June 1990 to 21 August 1990. He states that after he completed AIT he was issued a DD Form 214 and his characterization of service was uncharacterized. He states that he served in the ARNG until 2002 when he was separated due to a service connected disability.
3. The applicant provides in support of his application, a copy of his DD Form 214 and a copy of his Department of Veterans Affairs Rating Decision dated 13 August 2002.
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 25 February 1989, the applicant enlisted in the Illinois Army National Guard (ILARNG) in St. Louis, Missouri, for 8 years, in the pay grade of E-1.
3. He was ordered to active duty for training (ADT) effective 7 June 1990, where he successfully completed his training as an equipment records and parts specialist.
4. The applicant was released from ADT on 21 August 1990 and, upon completion of his required service, he was transferred to the 3637th maintenance company, Springfield, Illinois, to complete his remaining service obligation. At the time of his release from ADT, he was furnished a DD Form 214 that shows he completed 2 months and 15 days of net active service and that his service was uncharacterized.
5. The applicant remained a member of the ILARNG through a series of reenlistments and extensions.
6. On 15 March 2002, the applicant was honorably discharged from the ILARNG after he was found to be medically unfit for retention in accordance with Army Regulation 40-501. His Report of Separation and Record of Service (NGB Form 22) shows that he completed 13 years and 21 days of total service for pay purposes.
7. A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
8. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from Active Army. Personnel included are members of the Army National Guard of the United States and the United States Army Reserve after completing 90 days or more of continuous active duty training, full-time training duty, or active duty supports, and completion of initial active duty for training which resulted in the award of a military occupational specialty even though the active duty was less than 90 days.
9. The Department of Defense established the Uncharacterized Entry Level Separation on 1 October 1982. Entry level status is defined as the first 180 days of continuous active duty or active duty for training.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 was prepared in accordance with the applicable regulation.
2. His records show that he was on active duty for training for 2 months and 15 days. He had less than 180 days of ADT; therefore, his service was properly uncharacterized.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ 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) AR20080008553
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