IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20100030310
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, the widow of the deceased former service member (FSM), requests the characterization of her husband's active service for initial active duty for training (IADT), completed on 17 September 1992, be changed to honorable.
2. The applicant states the only reason the training was considered uncharacterized was due to the short period of time for observation and that the absence of any disciplinary actions regarding her husband's service during that period would indicate that his service was in fact honorable. He attended and completed the course of instruction and was returned to his drilling unit following his release from ADT. She states the fact that his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects uncharacterized instead of honorable is now a bar to benefits that she might be eligible for as his widow.
3. The applicant provides:
* the FSM's death certificate
* their marriage certificate
* the FSM's DD Form 214
* the FSM's NGB Form 22 (National Guard Bureau Report of Separation and Record of Service)
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 FSM enlisted in the Minnesota Army National Guard (MNARNG) on
4 June 1991.
3. He completed basic combat training during a period of ADT from 19 June to 22 August 1991.
4. On 30 June 1992, he was again ordered to active duty for training. He completed advanced individual training (AIT) and was awarded military occupational specialty 67N (UH-1 Helicopter Repairer).
5. On 17 September 1992, the FSM was released from ADT and returned to his unit. He completed 2 months and 18 days of active service that was uncharacterized.
6. On 7 March 1996, he was discharged from the MNARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His service in the MNARNG was characterized as honorable.
7. Paragraph 4-2 of Army Regulation 635-200 (Personnel Separations), then in effect, provided that the service of ARNG and USAR Soldiers who successfully complete a period of IADT to which ordered and who are in an entry level status will be uncharacterized.
8. Army Regulation 635-200, then in effect, defined entry level status for ARNG and USAR Soldiers as the period from enlistment in the ARNG or USAR until
180 days after beginning training for those Soldiers ordered to IADT for one continuous period. For those Soldiers ordered to IADT for the split or alternate training option entry level status ended 90 days after beginning Phase II (AIT).
DISCUSSION AND CONCLUSIONS:
1. The FSM completed his IADT under the spit or alternate training options. He completed his basic combat training during his first period of active duty. He began his second phase, for AIT, on 30 June 1992. When he was released from ADT he had not completed 90 days active service. Therefore, he was in an entry level status.
2. Because the FSM was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
4. In view of the above, there is no basis to change the characterization of service on the FSM's 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 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) AR20100030310
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ABCMR Record of Proceedings (cont) AR20100030310
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