IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100019629 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 September 1986 to show:

* "RELEASE FROM ACTIVE DUTY TRAINING" in item 23 (Type of Separation)
* "HONORABLE" in item 24 (Character of Service)
* "COMPLETION OF ACTIVE DUTY TRAINING" in item 28 (Narrative Reason for Separation)

2.  The applicant states these items are in error because she completed the active service, entry-level status is not an authorized character of service entry, and expiration of term of service (ETS) is the incorrect reason for her separation.  She adds she is unable to receive credit for this period of active duty for Post-56 military service under the Federal Employees' Retirement System.

3.  The applicant provides her DD Form 214 and an extract of Army Regulation 635-5 (Separation Documents), dated 15 September 2000.

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.  The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) on 13 February 1986 and entered initial active duty for training (IADT) on 25 April 1986.  She completed IADT and was awarded the military occupational specialty (MOS) of administrative specialist.

3.  Her records show she was awarded an MOS prior to her release from active duty and transfer to Headquarters and Headquarters Company, 416th Engineer Battalion, Chicago, IL, on 6 September 1986.  She completed 4 months and 12 days of active service during this period.  Her DD Form 214 for this period of service contains the following entries:

* item 23 – "RELIEF FROM ACTIVE DUTY TRAINING"
* item 24 – "ENTRY LEVEL STATUS"
* item 25 (Separation Authority) – "AR 635-200 CHAP 4"
* item 26 (Separation Code) – "LBK"
* item 28 – "EXPIRATION TERM OF SERVICE. ETS"

4.  She continued to serve in the USAR through reenlistments.

5.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of this regulation in effect at the time prescribed:

	a.  Enter one of the following terms in item 23 for enlisted personnel:  relief from active duty, discharge, retirement, separation and order to additional active duty, relief from ADT, release from custody and control of the Army, and relief from ADT and discharge from the Reserve of the Army.

	b.  Enter in item 25 the regulatory or statutory authority cited in directives authorizing separation.

	c.  Enter in item 26 the proper separation program designator (SPD) representing the reason for separation in accordance with Army Regulation 
635-5-1 (Separation Program Designator Codes).

	d.  Enter the reason for separation in item 28 based on the regulatory or statutory authority.

6.  Paragraph 4-2h of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), in effect at the time, provided that Army National Guard of the United States (ARNGUS) and USAR Soldiers who successfully completed a period of initial active duty for training (IADT) to which ordered would be separated under the authority of chapter 4 of this regulation.  It further provided that service members specified in this paragraph in an entry-level status would be uncharacterized, even though they completed their IADT successfully.

7.  Army Regulation 635-5-1, in effect at the time, stated that SPD code LBK denoted expiration of term of service when authorized in chapter 4 of Army Regulation 635-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an extract of Army Regulation 635-5 providing for the entries she wants corrected on her DD Form 214.  However, the version in effect at the time must be used for determination of appropriate entries on her DD Form 214.

2.  Regulatory policy in effect at the time prescribed for the entry of "RELIEF FROM ADT" for a Soldier in her situation.  Therefore, the evidence indicates the current type of separation entry in item 23 of her DD Form 214 is correct as it reads and it would not be appropriate to change this entry.

3.  The "ENTRY LEVEL STATUS" entry in item 24 is not an authorized character of service entry.  Regulatory policy in effect at the time provided that service members in an entry-level status would be uncharacterized, even though they completed their IADT successfully.  The evidence indicates she successfully completed IADT.  As such, it would be appropriate to correct her DD Form 214 to show "UNCHARACTERIZED" in item 24.

4.  Regulatory policy in effect at the time, provided that ARNGUS and USAR Soldiers who successfully completed a period of IADT to which ordered would be separated under the authority of Army Regulation 635-200, chapter 4.  The corresponding separation code and narrative reason for separation are shown on her DD Form 214.  As such, there is no basis for changing these entries.

5.  In view of the foregoing, the applicant is entitled to have her records corrected as shown below.

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 amending item 24 of her DD Form 214 to show "UNCHARACTERIZED."

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 type of separation and the narrative reason for separation on her 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)                                         AR20100019629



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019629



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1