DOCKET NUMBER:  AR20090003883 


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 correction of block 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the character of his service as honorable instead of uncharacterized.

2.  The applicant states that his DD Form 214 is incorrect because he was issued a DD Form 256A on 14 August 1998 that shows that his service was honorable.

3.  The applicant provides in support of his application, a copy of his Certificate of Birth; a copy of his Honorable Discharge Certificate; a copy of his DD Form 214; a copy of his Social Security Card; and a copy of his Armed Forces of the United States Identification Card.

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.  On 15 August 1990, the applicant enlisted in the Massachusetts Army National Guard (MAARNG) in Springfield, Massachusetts, for 8 years, in the pay grade of E-1.  He was ordered to initial active duty for training (IADT) effective 14 September 1990 and he successfully completed his training as a construction equipment repairer.

3.  After completing 4 months and 12 days of net active service this period the applicant was released from active duty (REFRAD) on 25 January 1991, under the provisions of Army Regulation 635-200, chapter 4, due to completion of his IADT.  He was transferred to Company B, 101st Engineer Battalion, 1st Engineer Brigade, to complete his service obligation in the Army National Guard.

4.  Block 24 on the DD Form 214 that the applicant was furnished at the time of his REFRAD shows the character of his service as uncharacterized.

5.  After completing 3 years, 5 month and 7 days of service in the MAARNG, the applicant was honorably discharged on 21 January 1994 under the provisions of National Guard Regulation 600-200, paragraph 8-27s, due to incompatible occupation and he was assigned to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his 4 years, 6 months and 23 days statutory obligation.

6.  The NGB Form 22 (Report of Separation and Record of Service) that he was furnished at the time of his discharge from the MAARNG shows his character of service as honorable.

7.  On 14 August 1998, the applicant was honorably discharged from the USAR Control Group (Annual Training) at the expiration of his term of service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s 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.



9.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), provides the criteria for the separation of enlisted personnel.  It provides, in pertinent part, that entry-level status for Reserve Component personnel begins on the date IADT begins and terminates 180 days after beginning training.  Characterization of service of personnel in an entry-level status will be uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that block 24 on his DD Form 214 should be corrected to show his character of service as honorable instead as uncharacterized.

2.  His contentions have been noted.  However, the applicant’s DD Form 214 properly reflects the character of his service as uncharacterized.  He was a member of the MAARNG when he was ordered to IADT and the length of his service was for 4 months and 12 days, which means that he was in an entry level status at the time that he was released from IADT.  Therefore, his active duty service was properly uncharacterized and this information is appropriately reflected on his DD Form 214.

3.  The applicant was properly furnished an NGB Form 22 to reflect his honorable service in the MAARNG and he was furnished an Honorable Discharge Certificate to reflect his honorable service in the USAR.   He is not entitled to a correction of his DD Form 214 to characterize his IADT as honorable as he was in an active duty status for less than 180 days.  His DD Form 214 appears to be correct as currently reflected.

4.  In order to justify correction of a military record the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090003883



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ABCMR Record of Proceedings (cont)                                         AR20090003883



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