IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090013807
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 an honorable characterization of service. He also requests the removal of that portion of the entry in item 23 (Authority and Reason): "unsatisfactory participant" from his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service).
2. The applicant makes no statement.
3. The applicant provides his DD Form 214 and his NGB Form 22 in support of this 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. The applicant's military records show he enlisted in the Army National Guard on 26 May 1988. He was awarded the military occupational specialty of motor transport operator, and was promoted to pay grade E-4.
3. The applicant requested removal of the words "unsatisfactory participant" from item 23 of his NGB Form 22.
a. Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available to him. There is no evidence that the applicant has petitioned the Alabama Army National Guard (ALARNG) to correct the authority and reason for discharge on his NGB Form 22.
b. Paragraph 8-18 (Amendments and Corrections to NGB Form 22) of National Guard Regulation 600-200 (Enlisted Personnel Management) provides that when determined from official records that an NGB Form 22 contains error or omission of pertinent facts, discharge authorities may issue an NGB Form 22A (Correction of NGB Form 22). Therefore, the applicant must first submit his request to the Adjutant General of the ALARNG.
c. In view of the foregoing, this portion of the applicant's request will not be further discussed in this record of proceedings.
4. The applicant's DD Form 214 shows he was relieved from active duty for training (ADT) due to "completion of ADT" with an "uncharacterized" character of service under the provision of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 4.
5. Paragraph 4-2, Army Regulation 635-200 provides that the service of Soldiers in the Army National Guard of the U.S. and U.S. Army Reserve who successfully complete a period of initial active duty for training (IADT) and are in an entry level status will have uncharacterized service even though they have completed their IADT successfully.
6. Army Regulation 635-5 Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
Based on available records and regulatory policy the applicant's DD Form 214 appears to be correct as constituted. As such, there is insufficient 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) AR20090013807
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ABCMR Record of Proceedings (cont) AR20090013807
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