IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100023249
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 rank as specialist/pay grade E-4. He also requests his characterization of service be changed from uncharacterized to honorable.
2. The applicant states he believes his unit should have caught these errors.
3. The applicant provides discharge orders, dated 29 March 2006, and his DD Form 214.
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 enlisted in the U.S. Army Reserve in pay grade E-1 on 23 March 1998. He attended initial active duty for training (IADT) from 18 June to 6 November 1998. Upon completion of IADT he was issued a DD Form 214 and was returned to his USAR troop program unit. The DD Form 214 he was issued at the time of his release from active duty shows he was separated on 6 November 1998 as a private/pay grade E-1) and his service was uncharacterized.
3. The applicant completed his service in the USAR and was honorably discharged on 29 March 2006. The orders discharging him show his rank as specialist and his characterization of service as honorable.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and the Reserve Components called or ordered to active duty or active duty for training for a period of 90 days or more.
5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) defines active duty as full time duty in the active military service of the United States, including active duty for training.
6. Army Regulation 635-200 states a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component. Entry-level status of such a member of a Reserve Component terminates:
a. 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more or
b. 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.
DISCUSSION AND CONCLUSIONS:
1. As the name of a DD Form 214 implies, it is to record a Soldier's accomplishments while serving on active duty.
2. In the applicant's case, the DD Form 214 he was provided after completion of his IADT accurately shows his rank as private/pay grade E-1 and his characterization of service as uncharacterized.
3. When the applicant was discharged from the USAR, his discharge orders accurately reflect his rank as specialist/pay grade E-4, the rank he held at the time of his discharge, and his characterization of service as honorable. Since he wasn't on active duty at the time of his discharge, he was not issued another DD Form 214.
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 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) AR20100023249
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023249
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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