BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100028718 


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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable," "under honorable conditions," or "general" rather than "uncharacterized."

2.  He states he works for the U.S. Postal Service (USPS) and it and the Office of Personnel Management (OPM) require the discharge certificate to show either honorable, under honorable conditions, or general discharge for employment purposes.  An uncharacterized discharge is not acceptable.

3.  He states he was never issued a DD Form 215 (Correction to DD Form 214) as indicated in item 18 (Remarks) of his DD Form 214.

4.  He provides a copy of his DD Form 214 with a USPS over-stamp.

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.  His record shows that after having prior enlisted service in the U.S. Navy, he enlisted in the New Hampshire Army National Guard (NHARNG) on 21 November 1992.  His DD Form 214 shows he entered active duty for training (ADT) on 29 January 1993 for the purpose of attending advanced individual training (AIT) for military occupational specialty 91B (Medical Specialist).

3.  On 9 April 1993, he was released from ADT and transferred to Headquarters and Headquarters Battery, 1st Battalion, 172nd Field Artillery Regiment, Manchester, NH, after completing 2 months and 11 days of net active service.  His DD Form 214 also contains the following entries:

* item 23 (Type of Separation) – release from ADT
* item 24 – uncharacterized
* item 25 (Separation Authority) – The Adjutant General of New Hampshire, Orders 005-050, dated 8 January 1993
* item 26 (Separation Code) – not applicable (NA)
* item 27 (Reentry Code) – NA
* item 28 (Narrative Reason for Separation) – completion of period of ADT

4.  His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he was separated from the NHARNG on 27 March 1999 for unsatisfactory participation and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed a total of 10 years, 8 months, and 2 days for retired pay.  He was issued an NGB Form 56A (Certificate of General Discharge).

5.  USAR Personnel Command Orders D-11-061463, dated 21 November 2000, show he was honorably discharged from the USAR Control Group (Reinforcement) on 21 November 2000.

6.  Army Regulation 635-5 (Separation Documents), paragraph 2-1, provides the instructions for preparing the DD Form 214.

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

	b.  A DD Form 214 will be prepared for Reserve Component (RC) members completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of AIT under the ARNG Alternate Training Program or USAR Split Training Program.

	c.  Paragraph 2-4 provides line-by-line instructions for completing the DD Form 214 and states that "characterization or description of service is determined by directives authorizing separation."

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-4, lists the various authorized types of characterization of service or description of separation "as honorable, general (under honorable conditions), or under other than honorable conditions" and specifies that under "entry-level status service will be uncharacterized and so indicated in item 24 of DD Form 214."

8.  Chapter 4 of Army Regulation 635-200 states that a Soldier will be discharged or released from active duty upon termination of enlistment and other periods of active duty or ADT.  It specifies that "Soldiers of the ARNG and the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate Reserve Component" and that the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized, even though they have completed their initial ADT successfully."

9.  National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-10, states an ARNG Soldier's service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry-level status.  This regulation also states that an NGB Form 22 will be prepared for every Soldier being separated from the ARNG or released from the custody and control of the military unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he entered ADT on 29 January 1993 and completed AIT on 9 April 1993.  At the time of his release from ADT, he was in an entry-level status.

2.  By regulation, service of RC Soldiers who are in an entry-level status at the time of their separation will be uncharacterized, even though they have completed their initial ADT successfully.  Therefore, his DD Form 214 is correct as shown.

3.  The evidence also shows he was issued an NGB Form 22 upon completion of his required service in the NHARNG which is the official separation document of the ARNG and serves the requirement of OPM.  He was also honorably discharged from the USAR Control Group (Reinforcement) on 21 November 2000.

4.  In view of the foregoing, he is not entitled to 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 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)                                         AR20100028718



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ABCMR Record of Proceedings (cont)                                         AR20100028718



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