IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008914
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), issued on 27 November 1985, be corrected to show his service was honorable.
2. The applicant states he was honorably discharged.
3. The applicant provides, in support of his application, copies of his DD Form 214, issued on 27 November 1985; and Orders D-08-364593, dated 3 August 1993.
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 16 August 1985, the applicant enlisted in the United States Army Reserve (USAR) for duty with the 375th Supply Company, Richards-Gebaur Air Force Base, Missouri. He was subsequently assigned to Fort Leonard Wood, Missouri, for enrollment in one-station-unit-training (OSUT).
3. On 27 November 1985, the applicant was released from initial active duty for training (IADT). He had completed 3 months and 8 days of IADT and he was awarded military occupational specialty 12C (Bridge Crewman). His service was uncharacterized.
4. Orders D-08-364593, USAR Personnel Center, St. Louis, Missouri, dated
3 August 1993, discharged the applicant from the Ready Reserve. His characterization of service was honorable.
5. Army Regulation 635-200 (Enlisted Personnel Separations) provides, in pertinent part, that a Soldier who is in an entry-level status (ELS) will be awarded uncharacterized service.
6. Army Regulation 635-200 defines ELS for USAR Soldiers as beginning upon their enlistment in the USAR. It terminates 180 days after one continuous period of training for Soldiers ordered to IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214, issued on
27 November 1985 should be changed to show his service was honorable based on his subsequent discharge from the USAR.
2. The applicant's records show he was still in an entry-level status at the time of his release from IADT in 1985. Accordingly, his service was uncharacterized.
3. The applicant's subsequent discharge in 1993 from the USAR with an honorable characterization of service does not have any effect on his earlier release from IADT in 1985.
4. In view of the above, his request to change his IADT characterization of service to honorable 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) AR20100008914
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ABCMR Record of Proceedings (cont) AR20100008914
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