IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100016195
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service was characterized as honorable versus "uncharacterized" and his separated station be listed as Kingsbridge Armory, Bronx, NY.
2. He states when he was separated from his National Guard unit at the Kingsbridge Armory, NY. He was told his separation was under honorable conditions.
3. He does not provide any additional documents 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 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 applicant's records show he enlisted in the Army National Guard (ARNG) on 9 February 1990 for a period of 8 years. On 26 February 1990, he was assigned to Fort Sill, OK for completion of basic combat and advanced individual training under the one station unit training. He was released from initial active duty for training (IADT) on 16 June 1990.
3. Item 8b (Station Where Separated) of his DD Form 214 shows he was separated from Fort Sill, OK. This form also shows he was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of IADT with an uncharacterized character of service. He completed 3 months and 21 days of active service during this period, had no prior active service, and had 17 days of prior inactive service.
4. Upon his release from IADT, he was transferred to C Battery, 1st Battalion, 258th Field Artillery, Bronx, NY.
5. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG effective 1 November 1990 with a characterization of service of general under honorable conditions.
6. 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 ARNG 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 IADT.
7. 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.
8. Army Regulation 635-5 provides a brief description of each entry made on this form. In item 8b, the preparer is to enter the location where the Soldier is transitioning, include State or country.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected by changing his character of service to "Honorable" instead of "Uncharacterized" and changing his station where separated to Kingsbridge Armory, Bronx, NY were carefully considered and determined to lack merit.
2. His record shows he initially entered active duty on 26 February 1990 and he was released from IADT at Fort Sill, OK on 16 June 1990 after completing 3 months and 21 days of active duty service. In view of the fact 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 ARNG with a characterization of service of general under honorable conditions effective 1 November 1990, after the issuance of his DD Form 214.
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 IADT at Fort Sill, OK and when he was discharged from the ARNG. 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) AR20100016195
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ABCMR Record of Proceedings (cont) AR20100016195
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