IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080013532 


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: 

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add a Commanding General's Certificate; 

	b.  Item 15b (High School Graduate or Equivalent) of her DD Form 214 be corrected to "YES";

	c.  Item 17 (Member Was Provided a Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 Days Prior To Separation) of her DD Form 214 be corrected to "YES;" and

	d.  her characterization of service be changed to Honorable.

2.  The applicant states that it is only fair to correct errors on her DD Form 214 that in any way discredit her.  She has returned to college and is seeking a new career.

3.  The applicant provides a copy of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); a copy of a Commanding General's Certificate; a copy of her High School Diploma; and a copy of a DA Form 3982 (Medical and Dental Appointment).


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.  On 15 January 1999, the applicant enlisted in the Arkansas Army National Guard (ARARNG) and the Reserve of the Army for a period of 8 years.  A review of her enlistment contract shows she elected "split-option training."  

3.  On 2 June 1999, the applicant was ordered to initial active duty for training to complete basic combat training.  She successfully completed basic combat training at Fort Leonard Wood, Missouri on 12 August 1999.  She was released from active duty and returned to her unit in Little Rock.  She completed 2 months and 11 days of active duty which is shown in her official record on a DD Form 220 (Active Duty Report).

4.  On 29 May 2000, the applicant was ordered to initial active duty for training to complete advanced individual training (AIT).  She successfully completed AIT in military occupational specialty (MOS) 93P (Aviation Operations Specialist) at Fort Rucker, Alabama.  On 7 August 2000, she was released from active duty under the provisions of Army Regulation 635-200, chapter 4, and returned to her home unit in North Little Rock.  She was credited with 2 months and 9 days of active duty.  Her service was uncharacterized.  The DD Form 214 shows she completed 2 months and 11 (71 days) days of prior active service.  Items 15b and 17 both show the entry show "NO." 

5.  On 15 July 2003, the applicant was discharged from the ARARNG and transferred to the USAR Control Group (Annual Training) under the provisions of National Guard Regulation 600-200, paragraph 8-26b(7), by reason of dependency or hardship affecting Soldier's immediate family.  Her service in the ARARNG was characterized as honorable.  She was credited with 3 years,
7 month and 15 days of service in the ARARNG.  

6.  The applicant submitted a copy of a DA Form 3982 showing that on 16 June 2000 she had a dental appointment.

7.  The applicant submitted a copy of her Little Rock School District High School Diploma showing that she graduated on 31 May 2000.

8.  Army Regulation 635-200 (Enlisted Personnel Separations), in effect at the time, set forth the basic authority for separation of enlisted personnel.  Chapter 4 of that regulation provided, in pertinent part, for the separation of individuals at completion of required service (i.e., expiration term of service).  A Soldier being separated upon ETS or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status (ELS) and service is uncharacterized.

9.  For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG.  For Soldiers ordered to initial active duty for training for one continuous period, ELS terminates 180 days after the beginning of training.  For Soldiers ordered to initial active duty for training for the split or alternate training options, it terminates 90 days after beginning Phase II AIT.    

10.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5).  Item 13 of the DD Form 214 lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Item 17 is verified by the Standard Form 603 (Health Record - Dental).  An "NA" is entered for Soldiers who had fewer than 180 days of continuous active duty.  

DISCUSSION AND CONCLUSIONS:

1.  Item 13 of the DD Form 214 shows only awards and decorations listed in Army Regulation 600-8-22.  There are no provisions in Army regulations to list certificates on the DD Form 214.  Therefore, the applicant is not entitled to have her Commanding General's Certificate shown on her DD Form 214.

2.  The applicant has provided evidence that she graduated from high school on 31 May 2000.  Therefore, she is entitled to have her DD Form 214 corrected to show that she graduated from high school.

3.  The dental appointment form the applicant provided is insufficient evidence to warrant a change on her DD Form 214.  Further, regulatory guidance stipulates that an "NA" is entered in Item 17 for Soldiers who served less than 180 days of continuous active duty.  

4.  The applicant was a "split-option" training enlistee who was still in ELS because she had only completed 71 days of Phase II AIT.  Therefore, her characterization of service is shown correctly on her DD Form 214.   

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 correcting Item 15b of the applicant's 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 making a change to Items 13 and 17 of her DD Form 214 or changing her characterization of service.


															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)                                         AR20080013532



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ABCMR Record of Proceedings (cont)                                         AR20080013532



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