BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010687 


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 the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "general under honorable conditions."

2.  The applicant states that when he enlisted in April 1990, he performed split training; he completed basic combat training during the summer and then returned to finish advanced individual training (AIT).  The basic training time is not shown on his DD Form 214.  He would like this service included.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he enlisted in the South Carolina Army National Guard (ARNG) for a period of 8 years on 23 April 1990.

3.  On 8 June 1990, the applicant entered initial active duty for training (IADT) pursuant to Orders 83-10 issued by the Military Entrance Processing Station (MEPS), Fort Jackson, SC, on 23 April 1990.  He subsequently completed basic combat training and was released from IADT to the control of his ARNG unit on 10 August 1990.  He completed 64 days of active service but was not issued a DD Form 214.

4.  On 25 June 1991, the applicant was ordered to active duty for training (ADT) pursuant to Orders 21-31 issued by the MEPS, Fort Jackson, SC, on 31 January 1991.  He subsequently completed AIT at Fort Sam Houston, TX, on 25 September 1991, and was awarded military occupational specialty 91D (Operations Room Specialist).  He then proceeded to Fort Jackson, SC, where he completed a period of on-the-job training from 25 September 1991 to 6 November 1991.

5.  The applicant's records further show he was released from ADT to the control of his ARNG unit on 7 November 1991.  The DD Form 214 he was issued shows he was released from active duty training at the expiration of his term of service with an uncharacterized character of service.  This form shows that he completed 4 months and 13 days (133 days) of net active service during this period with 2 months and 3 days of prior active service.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, full-time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.  Item 12b shows the Soldier's transition date.

7.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 3 of that regulation 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 conditions 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 defined as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.

8.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

9.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

10.  Army Regulation 635-200, Glossary, Section II, states a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status of such a member of a Reserve Component terminates 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the characterization of service on his DD Form 214 should be changed from "uncharacterized" to " general under honorable conditions."

2.  The evidence of record shows that the applicant entered IADT on 8 June 1990 and was released from IADT to the control of his ARNG unit on 10 August 1990.  He completed 64 days of active service.  A DD Form 214 was not issued as the period of active service was less than 90 days.

3.  The applicant then entered ADT on 25 June 1991 and was released from ADT to the control of his ARNG unit on 7 November 1991.  He completed 133 days of active service during this period.  Since he was ordered to ADT under a program that splits the training into two or more separate periods of active duty, his entry-level status terminated 90 days after the beginning of the second period of ADT.

4.  An honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  The applicant in this case was discharged for completion of his second period of ADT of more than 90 days.  Therefore, the applicant should have received an honorable characterization of service.

5.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Even if he were issued a DD Form 214 for completion of basic combat training, the consolidation of two or more periods of service into one DD Form 214 was not authorized during the period referenced.

BOARD VOTE:

__x_____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  _______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 24 of his DD Form 214 the entry "uncharacterized" and adding the entry "honorable."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the period of his first period of IADT (basic training) to his DD Form 214.



      ___________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)                                         AR20090010687



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ABCMR Record of Proceedings (cont)                                         AR20090010687



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