IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016872
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 characterization of his active service for initial active duty for training (IADT) completed on 7 December 1991 be changed to honorable.
2. The applicant states he served his time during his IADT with honors, graduated near the top of his class during basic training and advanced individual training (AIT), and he had no option to determine his character of service. He states he is trying to apply for Wisconsin GI Bill assistance and he needs to have an honorable discharge for his active duty time.
3. The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 7 December 1991 and his NGB Form 22 (Report of Separation and Record of Service) effective 30 September 1997.
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. The applicant's military personnel records show he enlisted in the Wisconsin Army National Guard (WIARNG) on 1 October 1990. The applicant's orders for IADT show he was ordered to active duty to report on 21 August 1991 for approximately 14 weeks or completion of basic and military occupational specialty (MOS) training. He completed basic combat training and advanced individual training and was awarded the MOS of 19K (Armor Crewman).
3. On 7 December 1991, the applicant was released from IADT and returned to his unit. He had completed 3 months and 17 days of active service that was uncharacterized.
4. On 30 September 1997, the applicant was released from the WIARNG and transferred to the Army Reserve (USAR) (Annual Training). He had completed 7 years of service in the WIARNG that was characterized as honorable.
5. On 8 June 1999, the applicant received an honorable discharge from the USAR.
6. Paragraph 4-2 of Army Regulation 635-200 (Personnel Separations), then in effect, provided that the service of ARNG and USAR Soldiers who successfully complete a period of IADT to which ordered and who are in an entry-level status will be uncharacterized.
7. Army Regulation 635-200, then in effect, defined entry-level status for ARNG and USAR Soldiers as the period from enlistment in the ARNG or USAR until 180 days after beginning training for those Soldiers ordered to IADT for one continuous period. For those Soldiers ordered to IADT for the split or alternate training option, entry-level status ended 90 days after beginning Phase II (AIT).
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to IADT for one continuous period and he reported for training on 21 August 1991. The applicant had not completed 180 days of active service when he was released from IADT on 7 December 1991. Therefore, he was in an entry-level status upon his release.
2. Because the applicant was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits.
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 that requirement.
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) AR20080016872
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ABCMR Record of Proceedings (cont) AR20080016872
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