IN THE CASE OF:	  

		BOARD DATE:	    5 October 2010

		DOCKET NUMBER:  AR20100010486 


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) effective 15 March 1993 to show his characterization of service as honorable and to add award of the National Defense Service Medal.

2.  The applicant states he believes his receipt of an uncharacterized character of service is unjust.  He contends that he served honorably.  When the Army determined that he had been unjustly brought onto active duty and incarcerated for something he did not do, he was cleared of the charges and released.  He also contends that his service qualifies him for award of the National Defense Service Medal.

3.  The applicant provides no additional documentation 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 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.  On 30 March 1982, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 62J (General construction Equipment Operator).  On 29 April 1987, he was honorably discharged.  He had attained the rank of sergeant/pay grade E-5 and had completed 5 years and 1 month of creditable active duty service.  He was subsequently transferred to the U.S. Army Reserve (USAR) Selected Reserve and ultimately discharged from the USAR Ready Reserve on 28 April 1988.

3.  On 16 April 1990, the applicant enlisted in the USAR.  Personal problems caused him to be unable to continue active participation in the USAR and he requested to be transferred to the USAR Ready Reserve.

4.  Order 91-00658, Sixth U.S. Army, dated 18 October 1991, discharged the applicant from the USAR Ready Reserve effective 15 April 1991.

5.  On 5 March 1993, the applicant was erroneously apprehended by civilian authorities and escorted to Fort Ord, California.  He was issued a military identification card, a provisional pass, and military uniforms.

6.  Effective 15 March 1993, the applicant was discharged and issued a DD Form 214 reporting his 11 days of active duty service as uncharacterized in item 24 (Character of Service).  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the National Defense Service Medal.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that 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.  It provides that the individual's awards will be entered in item 13 and item 24 will contain the individual's service characterization.

8.  Army Regulation 635-200 (Enlisted Personnel Separations) states that a separation will be described as entry-level status when the Soldier is separated from active duty during the first 180 days of active duty service after a break of more than 92 days.  It further states that the service characterization for Soldiers separated in an entry-level status will be uncharacterized.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 15 March 1993 should be changed to show his service as honorable and that he was awarded the National Defense Service Medal.

2.  The evidence of record clearly shows the applicant was discharged within 180 days of active duty service after a break of more than 92 days.  Accordingly, the regulation requires this period of active duty service be shown on his DD Form 214 as uncharacterized.

3.  Reporting a short period of active duty service as uncharacterized is not a derogatory action.  It is simply an administrative way of identifying service that was too short to fairly evaluate.  If the applicant has any problems with identifying his uncharacterized service as nonderogatory (such as to prospective employers), he should use this Record of Proceedings as verification that it is not a derogatory characterization of his service.

4.  The evidence clearly shows the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, this award should be shown on his DD Form 214 for the period ending 15 March 1993.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal to his DD Form 214 for the period ending 15 March 1993.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the uncharacterized entry in item 24 of his DD Form 214.



      ______ _  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)                                         AR20100010486



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ABCMR Record of Proceedings (cont)                                         AR20100010486



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