IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090002406
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 13 November 1996 through 12 April 1997 be changed from uncharacterized to honorable.
2. The applicant states, in effect, he is a US Postal Service (USPS) employee and needs the correction in order to buy back that portion of his military service for USPS retirement purposes.
3. The applicant provides:
a. a 2 February 2009 letter from the USPS Human Resources Shared Service Center;
b. the subject DD Form 214; and
c. two additional DD Forms 214 one for the period 15 March 2001 through 3 October 2001, and one for the period 16 January 2003 through 6 August 2005.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests is same as above.
2. Counsel states same as above.
3. Counsel provides same as above.
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 enlisted in the US Army Reserve for 8 years on 26 August 1996. On 13 November 1996, he reported to Fort Jackson, SC for active duty for training (ADT). Upon completion of all required training, he was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic) and he was released to his USAR unit on 12 April 1997. He served 5 months of ADT.
3. The applicants DD Form 214 for his ADT shows, in item 24, an uncharacterized period of service.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different types of characterization of service. It states, in pertinent part, that an Uncharacterized Separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case, or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the characterization of service on the subject DD Form 214 should be changed from uncharacterized to honorable.
2. The available evidence shows the applicant was in an ADT status during the period defined by the subject DD Form 214 and that he served only 5 months before being released to his USAR unit. As such he was in an entry-level status.
3. Chapter 3, Army Regulation 635-200 provides that Soldiers in an entry-level status will receive an uncharacterized separation upon release from active duty.
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 this 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) AR20090002406
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