IN THE CASE OF:	  

		BOARD DATE:	        12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080011301 


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 in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable.

2.  The applicant essentially states that his only DD Form 214 shows his military service in basic and advanced individual training, and that the character of service on this document is listed as uncharacterized.  He also states, in effect, that he later enlisted in the Kentucky Army National Guard, completed his initial obligation, and received an honorable discharge as stated on his NGB Form 22 (Report of Separation and Record of Service).  He further states that he has been selected to fill a vacancy at the Blue Grass Army Depot (BGAD) Civilian Personnel Advisory Center (CPAC), and that they require a copy of his DD Form 214 showing a status of honorable and cannot accept his NGB Form 22.  Additionally, he states that time is of importance, and that the BGAD CPAC has extended their offer so that he may acquire an updated DD Form 214.

3.  The applicant provides orders, dated 18 March 2000, which honorably discharged him from the Army National Guard on 31 March 2000 and the NGB Form 22 that was issued to him at the time of his honorable discharge on 31 March 2000 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 15 November 1989.  He entered active duty for training (ADT) on 29 January 1990, completed basic and advanced individual training, and was awarded military occupational specialty 76Y (Unit Supply Specialist).  On 9 June 1990, he was released from ADT after completing 4 months and 11 days of active duty service and was transferred to the 672nd General Supply Company.  Item 23 (Type of Separation) of his DD Form 214 has an entry of "Relief from Initial Active Duty Training"; item 24 of this document has an entry of "Uncharacterized"; 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 8-year military service obligation was to end on 14 November 1997.  On 4 June 1993, he was reassigned to the 229th Aviation Regiment.  On 31 March 1994, he was reassigned to the USAR Control Group (Reinforcement) due to unsatisfactory participation.  Although the available records did not contain his enlistment contract into the Army National Guard, his NGB Form 22 essentially shows that he enlisted in the Army National Guard on 14 November 1997.  On 31 March 2000, he was honorably discharged from the Army National Guard and assigned to the USAR Control Group (Reinforcement).  On 14 November 2000, he was honorably discharged from the USAR.

3.  The applicant essentially stated that his only DD Form 214 shows his military service in basic and advanced individual training, and that the character of service on this document is listed as uncharacterized.  He also stated, in effect, that he later enlisted in the Kentucky Army National Guard, completed his initial obligation, and received an honorable discharge as stated on his NGB Form 22.  He further stated that he has been selected to fill a vacancy at the BGAD CPAC, and that they require a copy of his DD Form 214 showing a status of honorable and cannot accept his NGB Form 22.  Additionally, he stated that time is of importance, and that the BGAD CPAC has extended their offer so that he may acquire an updated DD Form 214.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry in item 24 of his DD Form 214 should be changed from uncharacterized to honorable.

2.  The fact that the applicant essentially requested that the character of service shown on his DD Form 214 be changed to honorable in order to satisfy the BGAD CPAC was noted.  However, as the applicant was in an entry-level status at the time of his release from ADT on 9 June 1990, his DD Form 214 correctly has an entry of "Uncharacterized" in item 24.  The fact that the applicant was honorably discharged from the Army National Guard on 31 March 2000 and from the USAR on 14 November 2000 does not imply that an error or injustice occurred in the preparation of his DD Form 214.

3.  The applicant is advised to provide a copy of these proceedings, which confirm both the accuracy of his DD Form 214 and the fact that a Soldier released from ADT in an entry-level status is not eligible for a characterization of honorable in accordance with Army regulations, to the BGAD CPAC.  This should serve to clarify why his DD Form 214 does not have a characterization of service of honorable and to confirm that the applicant was in fact honorably discharged.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.  In view of the foregoing, there is no basis for changing the characterization of service shown in item 24 of his DD Form 214 from uncharacterized to honorable.

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 to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be proud of his honorable service in arms.



      _________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)                                         AR20080011301



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ABCMR Record of Proceedings (cont)                                         AR20080011301



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