IN THE CASE OF:
BOARD DATE: 3 March 2009
DOCKET NUMBER: AR20080019020
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 his uncharacterized separation on 2 November
1984 be corrected to an honorable separation.
2. The applicant states that this service cannot be credited towards his retirement date in the Postal Service unless it is characterized as honorable.
3. The applicant provides a PS Form 50 (Notification of Personnel Action), two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and an NA Form 13038 (Certification of Military Service).
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 records show that he enlisted in the U.S. Army Reserve (USAR) on 29 December 1983, entered his initial active duty for training (IADT) on 30 May 1984, and was released from active duty on 2 November 1984 and returned to his USAR unit. He had completed 5 months and 3 days of active duty (153 days) and his character of service was shown as uncharacterized.
3. The DD Form 214 he was issued shows he was released from active duty as Reserve Component Personnel upon Completion of Military Occupational Specialty Training or Early Release of Reserve Component Personnel under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph
16-9a/b.
4. Army Regulation 635-200, dated 20 July 1984, in effect at the time, paragraph 16-9, provides installation commanders the authority to release Reserve Component personnel from active duty and return them to their units upon completion of IADT and award of a military occupational specialty. Subparagraph c states that the service of members separated by this paragraph will be characterized as honorable unless an entry-level separation is required by chapter 3, section III.
5. Army Regulation 635-200, paragraph 3-9 (Uncharacterized Separations), states that a separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status. The glossary of this regulation, section II (Terms), defines entry-level status for Army National Guard and USAR members as from the date of enlistment until 180 days after they begin their IADT.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant had not served 181 days of active duty, he was in an entry-level status. As such, his service was required to be uncharacterized in accordance with Army Regulation 635-200.
2. To change the applicant's characterization of service would be providing him a benefit not available to others.
3. While it is regrettable that the Postal Service may not count this time towards the applicant's retirement date, that is an issue which the applicant must resolve with the Postal Service.
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) AR20080019020
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ABCMR Record of Proceedings (cont) AR20080019020
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