IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010535
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service was honorable.
2. The applicant states his DD Form 214 should be corrected to show his service was honorable instead of "Entry Level Status."
3. The applicant provides the following documents in support of his application:
* DD Form 214
* Honorable Discharge Certificate
* Department of the Treasury letter dated 4 December 2009
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 he enlisted in the New Jersey Army National Guard (NJARNG) on 13 April 1987 and entered initial active duty for training (IADT) on 8 May 1987. He was trained in and awarded military occupational specialty (MOS) 64C (Motor Transport Operator).
3. On 6 September 1987, the applicant was released from IADT and returned to his ARNG unit. The applicant's DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, chapter 4 by reason of expiration term of service (ETS).
4. The applicant's DD Form 214 shows he completed 3 months and 29 days of active military service. Item 24 contains Entry Level Status. It also shows that he completed 25 days of total prior inactive service.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-7(a) states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldiers service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training (ADT), or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted.
6. Chapter 11 of the enlisted personnel separations regulation contains guidance on entry level status performance and conduct separations. It states that a separation will be described as entry-level with service uncharacterized if at the time separation, the Soldier has less than 180 days of continuous active duty service. Section II further states that for ARNG or USAR Soldiers, entry level status begins upon enlistment and terminates for Soldiers ordered to IADT for one continuous period, 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 24 of his DD Form 214 issued on 6 September 1987, should be corrected to show the entry honorable instead of Entry Level Status."
2. By regulation, a separation will be described as entry-level with service uncharacterized if at the time of separation the Soldier has completed less than 180 days of continuous active duty service. The evidence of record confirms the applicant was released from IADT under the provisions of Chapter 4, Army Regulation 635-200, by reason of ETS, and that he served on active duty
3 months and 29 days (115 days) plus 25 days of prior inactive service for a total of 144 days, which is less than the 180 days. Thus, the applicant's service is properly described as Entry Level Status in accordance with the applicable regulation, and there is an insufficient evidentiary basis to support 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) AR20100010535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010535
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