BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011244
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the National Defense Service Medal, Army Good Conduct Medal, and an honorable characterization of service.
2. The applicant states that he received an honorable discharge from the Army but the DD Form 214 he received from the National Personnel Records Center shows his service as uncharacterized.
3. The applicant provides copies of his DD Form 214 and letter from the National Personnel Records Center with enclosure in support of his application.
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. On 28 November 1987, the applicant enlisted in the U.S. Army Reserve (USAR). He was subsequently ordered to initial active duty for training (IADT) with a report date of 16 June 1988.
3. On 19 August 1988, the applicant was released from IADT and transferred to his Reserve unit. He completed 2 months and 4 days of basic combat training during this period of IADT.
4. On 31 May 1989, the applicant was ordered to IADT for advanced individual training (AIT) at Fort Jackson in military occupational specialty 71L (Administration Specialist).
5. On 29 July 1989, the applicant was released from IADT and transferred to his Reserve unit. He completed 1 month and 29 days of IADT during this period of service.
6. Item 24 (Characterization of Service) of the applicant's DD Form 214 shows his service was uncharacterized. The reason for his release from IADT was expiration of his term of service.
7. Army Regulation 635-200 (Enlisted Personnel Separations) provides, in pertinent part, that a Soldier who is in an entry-level status (ELS) will be awarded an uncharacterized character of service.
8. Army Regulation 635-200 defines ELS for USAR Soldiers as beginning upon their enlistment in the USAR. It terminates 180 days after one continuous period of training for Soldiers ordered to IADT. For Soldiers ordered to IADT for the split or alternate training option, ELS terminates 90 days after beginning Phase II (AIT).
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
10. Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years or, for the first award only, a period of 3 years or less but more than 1 year. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the National Defense Service Medal, Army Good Conduct Medal, and an honorable characterization of service.
2. The applicant's records show that he served on IADT in 1987 and 1989. The National Defense Service Medal was not authorized for service during these years. Therefore, the applicant's request for this award should be denied.
3. The applicant's records show that he did not serve on active duty for a sufficient length of time (a minimum of 1 year) to be authorized award of the Army Good Conduct Medal. Therefore, his request for this award should be denied.
4. The applicant's records show that the applicant was still in an entry-level status at the time of his release from IADT in 1989. Accordingly, his service was uncharacterized. Therefore, his request to change his characterization of service to honorable should be denied.
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) AR20090011244
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ABCMR Record of Proceedings (cont) AR20090011244
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