BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090020804
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 the character of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected from uncharacterized to honorable.
2. The applicant states that while his DD Form 214 properly reflected his entry level status (since he had less than 180 days of active duty), because he was a Reservist he did not have the opportunity to serve over 180 days of active duty. He adds that he has a clean service record with no instances of indiscipline.
3. The applicant does not provide additional documents.
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 applicants military records show that he enlisted in the United States Army Reserve (USAR) on 5 November 1991 with no prior service.
3. The applicant served his initial entry training (IET) from 8 July to 24 November 1992, a total of 4 months and 17 days. Upon completion of his IET, the applicant was released from active duty and returned to his USAR unit. The DD Form 214 he was issued, Item 24, Character of Service, has the entry Uncharacterized.
4. Army Regulation 635-200 (Enlisted Separations), paragraph 3-9, mandates that separations be uncharacterized if separation occurs while the Soldier is in an entry level status. The glossary of this regulation defines Entry Level Status as the first 180 days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. Clearly the applicant had less than 180 days of active duty when he was released from active duty upon completion of his IET. As such, his service was properly uncharacterized. This is not contested by the applicant.
2. While it is understandable that the applicant would like his active service to be characterized as honorable, the regulation is specific in characterizing service of less than 180 days. Neither the fact that the Soldier is a Reservist who would serve over 180 days of active duty IF he had the opportunity nor an unblemished service record can be used to characterize an entry level status separation as honorable.
3. In view of the foregoing, there is no 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) AR20090020804
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020804
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100008845
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to something other than "uncharacterized." Orders 131-19, Headquarters, 77th U.S. Army Reserve Command, Fort Totten, NY, dated 26 September 1994, show the applicant was discharged from the USAR effective 1 October 1994 with uncharacterized service.
ARMY | BCMR | CY2008 | 20080002787
The applicant provides a copy of his DD Form 214, DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), Headquarters, 120th Army Reserve Command, Orders Number 081-020 dated 16 November 1994, and a Certificate of Award for the Army Achievement Medal. The applicant's military personnel record shows he enlisted in the U.S. Army Reserve on 22 February 1992. Based on Headquarters, 335th Theater Signal Command Orders Number 00-040-009,...
ARMY | BCMR | CY2003 | 2003091364C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. Table 2-1 of this regulation states that “NA” will be entered in Item 27, REENTRY CODE, of the DD Form 214 when separating a reservist or guardsman upon completion of active duty for training (ADT) or full time training duty. This program essentially provides for the separation, in an entry level status, of new personnel who are recommended for separation during their initial 180 days...
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 | 20130000622
The evidence of record does not support the applicant's request for correction of his DD Form 214 to show his service was characterized as honorable because he was in an entry-level status when he was REFRAD. h. However, to provide relief from the pejorative and inequitable reason and authority for REFRAD shown on his DD Form 214, it would be appropriate to issue him a new DD Form 214 showing he was REFRAD by reason of Secretarial authority under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2011 | 20110019786
The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable" and item 28 (Narrative Reason for Separation) to show he was separated for medical reasons. The applicant's contention that his DD Form 214 should be corrected to show the character of his service as honorable and he was separated for medical reasons has been carefully considered. There is no evidence showing he was released from...
ARMY | BCMR | CY2012 | 20120007403
The applicant requests correction of his uncharacterized discharge to show his character of service as honorable. He provides: * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * orders ordering him to initial active duty for training (IADT) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Certificate of Training * orders discharging him from the U.S. Army Reserve (USAR) * Honorable Discharge Certificate CONSIDERATION OF EVIDENCE: 1. ...
ARMY | BCMR | CY2013 | 20130022107
He was released from IADT on 25 August 1989 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of IADT with uncharacterized service. Personnel included are members of the Army National Guard and the USAR separated: a. for physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty; b. after...
ARMY | BCMR | CY2012 | 20120003710
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, at a minimum, that his service was under honorable conditions. The applicant states he completed active duty for training (ADT) without incident; however, item 24 (Character of Service) on his DD Form 214 was recorded as "uncharacterized." A DD Form 214 shows the applicant entered IADT on 8 September 1988 and he was released from ADT on 10 February 1989 under the...
ARMY | DRB | CY2008 | AR20080019449
It indicates that the applicant was discharged under the provisions of Paragraph 8-35d(4), NGR 600-200, by reason of failure to report to IET Phase 1 or 2 within 24 months, with a characterization of service of uncharacterized, and a reenlistment eligibility (RE) code of "3." However, in review of the applicants available service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Board Action Directed...