IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100016453
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 block 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to honorable.
2. The applicant states he completed basic training (BT) and advanced individual training (AIT); therefore, his discharge should be honorable instead of uncharacterized.
3. The applicant provides a copy of his DD Form 214 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 record shows he enlisted in the Alabama Army National Guard (ALARNG) on 14 December 1990.
3. Section VI (Remarks) of his DD Form 1966/3 (Application for Enlistment - Armed Forces of the United States) contains the following entries:
* Military Entrance Processing Station "10 July 1991"
* Reception Station date "10 July 1991"
* BT starting date "19 July 1991"
* AIT Starting date "13 September 1991"
4. Orders Number 209-512 issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ, dated 28 July 1991, show he was attached to Company D, 195th Ordnance Battalion, Ft. Dix, effective 13 September 1991, for the purpose of completing AIT.
5. Orders Number 325-103 issued by Headquarters, U.S. Army Training Center and Fort Dix, dated 21 November 1991, show he would be awarded military occupational specialty, 63B (Light-Wheel Vehicle Mechanic), effective 12 December 1991 upon completion of training.
6. On 13 December 1991, the applicant was released from active duty for training (ADT) and transferred to the 303rd General Support Company, Troy, AL, after completing a total of 5 months and 4 days (156 days) active military service. The DD Form 214 he was issued contains the following entries:
a. Item 12b (Separation Date this Period) shows he was separated from active duty on 13 December 1991;
b. Item 23 (Type of Separation) shows he was released from ADT;
c. Item 24 (Character of Service) shows his character of service as "uncharacterized;" and
d. Item 25 shows he was released from ADT under the provisions of Chapter 4-2, Army Regulation 635-200 (Enlisted Separations), chapter 4 by reason of expiration term of service.
7. Army Regulation 635-5 (Personnel Separation-Separation Documents) prescribes the separation documents that must be prepared for soldiers. It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from Active Army.
8. 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 active duty for training (IADT).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was in an entry level status at the time of his release from ADT on 13 December 1991. He was properly issued a DD Form 214 for the period he was ordered to ADT. He had not completed 180 days of continued active service prior to his being transferred back to the ALARNG after the completion of his IADT. Therefore, his records are correct as currently constituted and there is no basis to change the applicant's character of service as requested.
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) AR20100016453
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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