IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090006003
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 period of initial active duty for training (IADT) be characterized to show he was honorably discharged.
2. The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) should be characterized since he received an Honorable Discharge Certificate.
3. The applicant provides a copy of his DD Form 214, NGB Form 22 (Report of Separation and Record of Service), and an Honorable Discharge Certificate, dated 29 June 1993.
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 Army National Guard (ARNG) on 13 September 1989. He served on IADT from 10 October 1989 through 10 March 1990, and this period of service equals 5 months and 1 day (approximately 151 days).
3. On 10 March 1990, the applicant was released from active duty for training and transferred to his unit. The DD Form 214 that he was issued shows his service as uncharacterized.
4. The applicants NGB Form 22 issued on 12 September 1992 shows a net period of service of 3 years with a period of IADT from 10 October 1989 through 10 March 1990. This period of ARNG service is characterized as honorable.
5. On 29 June 1993, upon completion of his service obligation, the applicant was issued an Honorable Discharge Certificate.
6. 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 provides the following pertinent information:
a. that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty;
b. providing a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge; and
c. a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing IADT that results in the award of a military occupational specialty (MOS).
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the following:
a. only an honorable characterization of service may be awarded to a Soldier upon completion of his period of enlistment or period for which called or ordered to active duty or active duty for training or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted;
b. the service of ARNG and Army Reserve (USAR) Soldiers who have successfully completed a period of IADT but are in an entry-level status will be uncharacterized, even though they have completed their IADT successfully; and
c. for ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, entry-level status terminates 180 days after training begins.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show the period of IADT that he completed is characterized as honorable since he received an Honorable Discharge Certificate.
2. The applicant served in an IADT status for a period of less than 180 days and as such he was still in an entry level status at the time the DD Form 214 was issued.
3. By regulation a Soldier's service will be considered uncharacterized if separated in an entry level status. Therefore, the applicants DD Form 214 appropriately shows his IADT service as uncharacterized. He only completed 151 days of service and he was in an entry level status.
4. The Honorable Discharge Certificate that was issued to the applicant, on
29 June 1993, covers his entire period of ARNG service not just the period of IADT covered by the DD Form 214. Therefore, the Honorable Discharge Certificate in no way effect the DD Form 214 he was issued for his earlier period of IADT.
5. 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.
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