IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100000887 


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 reflect the correct time in service and character of service.

2.  The applicant states his DD Form 214 reflects only 2 months of active service and his character of service is shown as uncharacterized.

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 U.S. Army Reserve (USAR) on 11 June 1991.  He subsequently entered initial active duty for training (IADT) on 8 July 1991 under the split training program and he completed basic combat training (BCT).  He was released from IADT on 6 September 1991.

3.  Evidence of records show that Headquarters, U.S. Army Training Center, Fort Jackson, SC issued a memorandum, dated 6 September 1991.  This memorandum was issued in lieu of a DD Form 220 (Active Duty Report).  It confirms the applicant completed BCT and shows he entered active duty on
8 July 1991 and terminated his tour of duty on 6 September 1991 [which equates to 1 month and 29 days of active service this period].

4.  He again entered ADT on 22 June 1992, completed advanced individual training (AIT), and he was awarded military occupational specialty (MOS) 76Y (Supply Specialist).  He was released from ADT on 22 August 1992 to the control of his USAR unit.

5.  The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration term of service, with an uncharacterized character of service.  He completed 2 months and 1 day of active service during this period and he had 1 month and 29 days of prior active service.

6.  He was ultimately reassigned from his unit to the USAR Control Group (Annual Training) on 14 April 1995 as an unsatisfactory participant.

7.  There is no indication he completed any other period of active service from the date he was released from ADT to the date he was reassigned to the USAR Control Group in 1995.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides, in pertinent part, that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation.  A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable, unless the Soldier is in an entry-level status and the service is uncharacterized.

9.  Army Regulation 635-200, chapter 3, 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 condition 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.  For USAR Soldiers ordered to IADT for the split or alternate training option, entry level status is 90 days after beginning of phase II (AIT).  Soldiers completing phase I (BCT) remain in entry level status until
90 days after beginning phase II.  

10.  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.  It is important that information entered on the form should be complete and accurate.  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.  The DD Form 214 will be prepared for selected Soldiers, among which are Reserve Component Soldiers completing initial ADT that results in the award of an MOS, even when the active duty period was less than 90 days.  This includes completion of AIT under the Army National Guard Alternate Training Program or USAR Split Training Program

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the correct time in service and character of service.

2.  The applicant’s record shows he initially entered ADT on 8 July 1991 and he was released from ADT on 6 September 1991.  He completed 1 month and
29 days of active service during this period.  As the period of active duty was less than 90 days, he was not issued a DD Form 214.  However, he was issued a memorandum in lieu of a DD Form 220 that captured this period of service.

3.  He then entered ADT again on 22 June 1992 and he was released from ADT on 22 August 1992.  Since he completed a period of ADT that resulted in an award of an MOS under a split option program, although the period of active duty was less than 90 days, he was issued a DD Form 214.  This form captured his
2 months and 1 day of active service during this period as well as his 1 month and 29 days of prior active service.  There is neither an error nor an injustice.

4.  With respect to his character of service, during the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by The Secretary of the Army.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

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)                                         AR20100000887



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ABCMR Record of Proceedings (cont)                                         AR20100000887



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