IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017745
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 instead of uncharacterized.
2. The applicant states:
* he enlisted in the Army National Guard (ARNG) and received an honorable discharge (HD)
* he should have likewise received an HD from his active duty service
* he did nothing wrong
3. The applicant provides the following additional evidence:
* DD Form 214
* discharge order
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 Indiana Army National Guard (INARNG) on 28 April 1988. Department of Defense, Military Entrance Processing Station, Order Number 087-14, issued on 28 April 1988, shows the applicant was ordered to active duty for the purpose of completing 9 weeks initial split training. Evidence of his discharge from this period of initial active duty training is not included in the applicants military record.
3. On 5 June 1989, the applicant entered active duty for training (ADT)
(Phase II) on 5 June 1989. He was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator).
4. On 10 August 1989, the applicant was released from ADT 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).
5. The applicant's DD Form 214 shows he completed 2 months and 6 days of active military service. Item 24 contains the entry Uncharacterized.
6. On 21 June 1994, Military Department of Indiana published Order Number 120-016 which directed the applicants discharge from the ARNG on 28 April 1994. It also shows that he received an honorable discharge.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-7(a) states 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 ADT, or where required under specific reasons for separation, unless an entry level status (ELS) separation (uncharacterized) is warranted. It states 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 or no more than 90 days of Phase II under a split or alternate training option. The Glossary further defines ELS and it states, for Soldiers ordered to ADT for the split or alternate option, 90 days after beginning Phase II of advanced individual training (AIT).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 24 of his DD Form 214 issued on 10 August 1989 should be corrected to show the entry honorable instead of uncharacterized."
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 or 90 days after beginning Phase II of AIT. The evidence of record confirms the applicant was released from ADT under the provisions of Chapter 4, Army Regulation 635-200, by reason of ETS. It also shows that at that time he completed 2 months and 6 days (67 days) of Phase II of AIT. Thus, the applicant's service is properly described as uncharacterized in accordance with the applicable regulation.
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) AR20100017745
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ABCMR Record of Proceedings (cont) AR20100017745
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