IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080014333
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct amount of active duty time served while in U.S. Army Reserve (USAR) and to change the character of service from uncharacterized to honorable.
2. The applicant states, in effect, that his DD Form 214 only shows active duty time while in basic training because he was on the delayed entry program.
3. The applicant provides AHRC Form 606-E (Statement of Service with Retirement Points), a copy of his discharge orders from the USAR, and a copy of his DD Form 214 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 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. Records show the applicant enlisted in the USAR on 31 March 1999 and entered active duty on 10 June 1999 for the purpose attending basic combat training (BCT). He completed BCT on 26 August 1999. On 10 May 2000, he was ordered to active duty for advance individual training (AIT) with a report date of 2 June 2000. He completed AIT on 15 July 2000. A DA Form 1059 (Service School Academic Evaluation Report) shows he attended the Postal Operations Course from 25 September 2000 to 26 October 2000.
3. The applicant was issued a DD Form 214 for the period of 2 June 2000 to 15 July 2000. This DD Form 214 covers the period the applicant was ordered to initial active duty for training which resulted in the award of a military occupational specialty (MOS).
4. The applicant's DD Form 214 shows in block 23 (Type of Separation) the entry "Release from Active Duty for Training" and in block 24 (Character of Service) the entry "uncharacterized."
5. The DD 214 also shows in block 25 (Separation Authority) the entry "AR 635-200, Chapter 4" and in block 28 (Narrative Reason for Separation) the entry "Completion of Required Active Service."
6. Headquarters, 99th Regional Support Command Orders Number 03-030-00009 discharged the applicant from the USAR on 15 February 2003.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states, in pertinent part, that a DD Form 214 will be prepared for Reserve component (RC) Soldiers after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support; and after completing initial active duty for training which resulted in the award of a MOS, even though the active duty was less than 90 days.
8. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show active duty time served while in the USAR and to show the character of service as honorable.
2. The applicant was properly issued a DD Form 214 for the period he was ordered to initial active duty for training which resulted in the award of a MOS in accordance with applicable regulations. Therefore, there is no basis to change the applicant's DD Form 214 to show the amount of active duty time served while in U.S. Army Reserve.
3. The applicant did not complete 180 days of continuous active service prior to being discharged from the USAR. Therefore, his records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ __X_____ ___X____ 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.
_______ _ _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) AR20080014333
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ABCMR Record of Proceedings (cont) AR20080014333
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