IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008782 


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) by changing the entry in Item 24 (Character of Service) to read "Honorable" instead of "Uncharacterized."

2.  He states that he served 8 years in the U.S. Army Reserve (USAR) and ultimately received an honorable discharge, but his DD Form 214 reflects his character of service as "Uncharacterized."

3.  He provides copies of:

* a DD Form 214
* an ARPC Form 249-2-E (Chronological Statement of Retirement Points)
* a Discharge Order

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.  His records show he enlisted in the USAR for a period of 8 years on 23 March 1994.  He was subsequently ordered to initial active duty for training (ADT) on     3 May 1994 and he completed basic combat training and advanced individual training.  He was released from initial ADT on 18 August 1994.  

3.  The DD Form 214 he was issued shows he was released from initial ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of required active service, with an uncharacterized character of service.  He completed 3 months and 16 days of active service during this period, had no prior active service, and had 1 month and 10 days of prior inactive service.

4.  Upon his release from initial ADT, he was transferred to a Troop Program Unit (TPU) for duty.  On 31 August 1998, he was reassigned from his TPU to USAR Control Group (Annual Training (AT)) due to an employment conflict.

5.  USAR Personnel Command, St. Louis, MO, Orders D-03-213265, dated 26 March 2002, discharged him from the USAR with an honorable characterization of service effective 26 March 2002.

6.  He provides an ARPC Form 249-2-E, dated 28 April 1998, which shows he had three periods of AT that resulted in 18, 17, and 15 days of active duty service, respectively.  An ARPC Form 249-E (Chronological Statement of Retirement Points), dated 19 August 2010, shows he had an additional period of AT resulting in 18 days of active duty service.

7.  His record is void of any evidence and he has not provided any evidence showing he completed any other period of active service of more than 90 days between when he was released from initial ADT on 18 August 1994 and when he was discharged from the USAR on 26 March 2002.

8.  A member of a Reserve component 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 a Reserve component.  Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed initial ADT.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with a complete and accurate documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is not required for periods of less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by changing the entry in Item 24 to read "Honorable" instead of "Uncharacterized" was carefully considered and determined to lack merit.

2.  His record shows he initially entered ADT on 3 May 1994 and he was released from ADT on 18 August 1994 after completing 3 months and 16 days of active duty service.  In view of the fact that this was a period of less than 180 days [6 months], he was issued a DD Form 214 for that specific period of time with an uncharacterized character of service.

3.  Orders show he was discharged from the USAR with an honorable characterization of service effective 26 March 2002.  It is presumed that in addition to these orders, he was furnished an Honorable Discharge Certificate reflecting his 8 years of service in the USAR.

4.  His record is void of any evidence and he has not provided any evidence showing he completed any other period of active service of more than 90 days between when he was released from initial ADT on 18 August 1994 and when he was discharged from the USAR on 26 March 2002.  There is no regulatory provision for issuance of a DD Form 214 for inactive USAR service.  Therefore, there is no basis for granting the requested relief.

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)                                         AR20100008782





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ABCMR Record of Proceedings (cont)                                         AR20100008782



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