IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090000626 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 August 1991, be corrected to show his service was characterized as “Honorable” vice "Uncharacterized." 

2.  The applicant states, in effect, that he believes his service should have been characterized as “Honorable” in conjunction with his 16 August 1991 release from active duty (REFRAD).  He claims that prior to his 16 August 1991 REFRAD, he had been issued five other separation documents, which characterized his service as “Honorable” and that he had continuously served in an active status in either the United States Army Reserve (USAR) or Army National Guard (ARNG), in both a commissioned and enlisted status, from 
9 November 1976 through his placement on the Retired List on 7 July 1994, with no break in service.  He further states he believes his total time in service should be considered and that his DD Form 214 should be corrected to reflect his character of service as "Honorable."

3.  The applicant provides the following documents in support of his application:  Disabled American Veterans Letter, dated 13 November 2008; Retiree Account Statement; Summary Points Inquiry, dated 13 October 1994; Headquarters, Fifth United States Army and Fort Sam Houston Memorandum, dated 24 June 1991; United States Army Reserve Personnel Center (ARPERCEN) Orders 
P-07-402955 dated 11 July 1994; Chronological Record of Military Service, dated 14 October 1994; DD Forms 214; and NGB Forms 22 (Reports of Separation and Records of Service), dated 23 November 1992 and 8 November 1979.

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 record shows he initially enlisted in the Regular Army (RA) and entered active duty on 28 January 1955.  He served on active duty in this status until 30 June 1955, at which time he was honorably discharged in order to enter the United States Military Academy (USMA).  The DD Form 214 he was issued at the time shows he completed a total of 5 months and 3 days of active military service and that he held the rank of private/E-2 (PV2) on the date of his discharge.  

3.  The applicant's record further shows that subsequent to his attending the USMA, he enlisted in the RA for 3 years and entered active duty in an enlisted status on 30 November 1955.  He continuously served in this status until
16 September 1958, at which time he was honorably REFRAD, in the rank of private first class (PFC), and transferred to the USAR.  The DD Form 214 he was issued at that time shows he completed a total of 2 years, 9 months and 17 days of active military service during the period and a total of 3 years, 2 months and 20 days of active military service.  

4.  On 17 September 1958, the applicant entered the United States Air Force Reserve (USAFR) and he served in that status until 4 February 1964, at which time he began a break in service that lasted through 8 November 1976.  

5.  On 9 November 1976, the applicant enlisted in the Pennsylvania ARNG, in the rank of staff sergeant (SSG), for a period of 3 years.  He served in that status until 8 November 1979, at which time he was honorably discharged from the ARNG.  The NGB Form 22 he was issued at that time shows he completed a total of 3 years of ARNG service.  


6.  On 9 November 1979, the applicant was appointed a second lieutenant in the USAR, and he entered active duty in this status on 23 November 1979.  He continuously served on active duty until 27 July 1981, at which time he was honorably REFRAD, in the rank of captain (CPT).  The DD Form 214 he was issued at the time shows completed 1 year, 8 months and 5 days of active duty service during the period and a total of 11 years, 7 months and 18 days of military service (active and inactive).  

7.  On 11 March 1991, while serving in an enlisted status in the ARNG, the applicant entered active duty for training (ADT) at Fort Sam Houston, Texas.  He remained on active duty for 5 months and 6 days until 16 August 1991, at which time he was REFRAD, in the rank of sergeant first class (SFC), at the completion of his ADT.  The DD Form 214 he was issued for this period of active duty service shows his service was described as “Uncharacterized” in item 24 (Character of Service).  

8.  The applicant’s record shows he served in the ARNG from 25 January 1990 through 23 November 1992, at which time he was discharged from the ARNG, in the rank of SFC, in order to become a member of the USAR.  The NGB Form 22 he was issued at the time shows he was discharged under the provisions of Paragraph 8-27i, National Guard Regulation (NGR) 600-200, by reason request of Soldier to become a member of the USAR.  Item 24 (Character of Service) contains an entry confirming his service was characterized as “Honorable.”

9.  The record confirms the applicant continued to serve in an active status in the USAR until 7 July 1994, at which time he was honorably retired and placed in the Army of the United States (AUS) Retired List.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 contains guidance on the types of characterization of service or description of separation authorized upon separation from active duty.  It states, in pertinent part, that an “Uncharacterized” description of service is only authorized when members are in an Entry Level Status (ELS).  The regulation defines ELS for ARNG and USAR Soldiers as beginning upon enlistment in the ARNG or USAR.  For Soldiers ordered to initial active duty for training (IADT) for one continuous period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training (BCT) remain in ELS until 90 days after beginning Phase II.)  The regulation provides no provisions for assigning a description of service of “Uncharacterized” for members not in an ELS. 

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 
2 contains item-by-item preparation instructions for the DD Form 214.  It states that Item 24 will contain one of the following entries:  Honorable, Under Honorable Conditions (General), Under Other than Honorable Conditions, Bad Conduct, Dishonorable, or Uncharacterized.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 16 August 1991 DD Form 214 should have contained a characterization of service of “Honorable” was carefully considered and found to have merit.  By regulation, an “Uncharacterized” description of service is authorized only for Soldiers in an ELS.  

2.  The evidence of record confirms the applicant completed a total of 24 years, 10 months and 19 of qualifying service for Reserve retirement, and that he had continuously served in an active status of a Reserve Component with no break in service from November 1976 through July 1994, at which time he was placed on the AUS Retired List, in the rank of major.  

3.  The evidence of record also confirms that the applicant served on active duty for 5 months and 6 days between 11 March and 16 August 1991, and that his active duty service during this period was described as “Uncharacterized” on the DD Form 214 he was issued at the time.  Given the governing regulation provides for assigning an “Uncharacterized” description of service only to those members in an ELS, it appears clear the “Uncharacterized” entry in item 24 of the applicant’s 16 August 1991 DD Form 214 was erroneous and the result of an administrative error.  Therefore, it would be appropriate to correct it to show his active duty service during this period was characterized as “Honorable” and to issue him a correction to his DD Form 214 that reflects this change.   

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his 16 August 1991 DD Form 214 by deleting the current entry and replacing it with the entry “Honorable” and by providing him a correction to his DD Form 214 that reflects this change. 



      _______ _   __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)                                         AR20090000626



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ABCMR Record of Proceedings (cont)                                         AR20090000626



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