IN THE CASE OF:
BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090020403
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 his characterization of service as honorable.
2. The applicant states that he satisfactorily completed his training.
3. The applicant provides a copy of his DD Form 214 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 4 November 1988, the applicant was ordered to initial active duty for training (IADT).
3. On 15 April 1989, the applicant was released from IADT and transferred back to his Reserve Component unit. He had completed 5 months and 12 days of IADT.
4. The applicant's DD Form 214 shows in:
a. Item 23 (type of Separation) Relief from IADT;
b. Item 24 (Character of Service) Uncharacterized;
c. Item 25 (Separation Authority) Army Regulation 635-200, paragraph 4-2h.
5. Army Regulation 635-200 (Personnel Separations) establishes policy and prescribes procedures for the orderly separation of Soldiers for a variety of reasons. Paragraph 4-2h provides that Reserve Component Soldiers who successfully complete a period of IADT and are separated while still in an entry level status will have an uncharacterized period of service. Entry level status for Reserve Component Soldiers terminates after the first 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his period of IADT as honorable.
2. The governing regulation clearly provides that Reserve Component Soldiers who are separated in an entry level status will receive an uncharacterized period of service. The applicant had not completed 180 days of IADT and was still in an entry level status.
3. 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 the aforementioned requirement.
4. In view of the above, the applicant's request 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) AR20090020403
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020403
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024574
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 3 (Character of Service/Description of Separation), states service of Soldiers in an entry level status (ELS) will be described as "uncharacterized." Paragraph 4-2h (Discharge or REFRAD upon termination of enlistment, and other periods of active duty or active for training), states ARNG and U.S. Army Reserve (USAR) Soldiers who are in ELS and who successfully complete a period of IADT their service will be...
ARMY | BCMR | CY2010 | 20100020361
The applicant requests the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant states the DD Form 214 he received following basic and advanced individual training shows his service as "uncharacterized." Army Regulation 635-200 (Personnel Separations Enlisted Personnel) provides: a. in paragraph 4-4 (Characterization of Service) that a Soldier being separated upon expiration of enlistment or fulfillment of...
ARMY | BCMR | CY2011 | 20110015134
The applicant requests correction of the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1988 to show honorable instead of uncharacterized. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It further provided that the characterization of service of Soldiers separated under this chapter who are in an...
ARMY | BCMR | CY2011 | 20110003927
Upon his first discharge from active duty in 1990, he was told that they couldnt put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his...
ARMY | BCMR | CY2012 | 20120016736
The applicant requests correction of his 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable characterization of service and a reenlist eligibility (RE) code other than "NA." Army Regulation 635-200 (Active Duty Enlisted Administration Separations) states a member of a Reserve component (RC) 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 an RC. The...
ARMY | BCMR | CY2013 | 20130004909
The applicant requests that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 1992 be changed to show "honorable" service instead of "uncharacterized" service. The separation code on her DD Form 214 insinuates her service was questionable or negative and this most certainly was not the case. Paragraph 4-2h of Army Regulation 635-200, in effect at the time, provided that Army National Guard of the...
ARMY | BCMR | CY2011 | 20110019333
The applicant requests the characterization of his service for initial active duty for training (IADT), completed on 8 May 1998, be changed to honorable. a. Paragraph 4-2h stated that the service of USAR Soldiers who successfully complete a period of IADT to which ordered and who were in an entry-level status would be uncharacterized. Because he was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be...
ARMY | BCMR | CY2011 | 20110020911
Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows: * PV1- 23 December 1988 * PV2- 22 August 1989 * PFC - no entry * SPC - 16 February 1990 7. With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989. Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is...
ARMY | BCMR | CY2009 | 20090006003
IN THE CASE OF: BOARD DATE: 17 September 2009 DOCKET NUMBER: AR20090006003 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his period of initial active duty for training (IADT) be characterized to show he was honorably discharged. 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...
ARMY | BCMR | CY2012 | 20120021092
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service was "honorable" or "under honorable conditions (general)," instead of "uncharacterized." His DD Form 214 must state his service was "honorable" or "under honorable conditions (general)," instead of "uncharacterized." The evidence of record shows he entered ADT, completed 4 months and 22 days of active service, was released from ADT on 5...