IN THE CASE OF:	

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110006366 


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) on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was honorable.

2.  He states, in effect, he was honorably discharged from the U.S. Army Reserve (USAR) and he believes this qualifies him for an honorable discharge from active service.  

3.  He also states the State of Wisconsin has granted educational benefits to Veterans whose home of record is Wisconsin and they were honorably discharged.  

4.  He provides:

* A copy of his DD Form 214
* His USAR honorable discharge orders
* A letter

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 records show he enlisted in the USAR on 25 June 1985 for 8 years.  A 
DD Form 220 (Active Duty Report), dated 6 September 1985, shows he completed basic training between 5 July and 7 September 1985.  After completion of training, he was returned to his USAR unit. 

3.  A copy of Orders 81-9, dated 12 May 1987, shows he was scheduled to attend advanced individual training for a period of 9 weeks beginning on 17 June 1987.  

4.  His DD Form 214 shows he entered active duty on 17 June 1987 and he was released from active duty on 2 September 1987 and transferred to the USAR.  He was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  He completed a total of 2 months and 16 days of net active service, 2 months and 25 days of prior active service, and 1 year and 7 months of prior inactive service.  The same DD Form 214 also contains the following entries:

* item 23 (Type of Separation) – relief from active duty training (ADT)
* item 24 – Entry Level Status (ELS)
* item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2
* item 26 (Separation Code) – LBK
* item 27 (Reentry Code) – not applicable
* item 28 (Narrative Reason for Separation) – expiration of term of service

5.  Orders D-06-352571, dated 29 June 1993, show he was honorably discharged from the USAR on the same date.

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

	a.  A DD Form 214 will be prepared for Reserve Component (RC) Soldiers upon completion of ADT that results in award of an MOS even when the active duty period was less than 90 days.

	b.  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 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 separation from an ELS will be "uncharacterized" and so indicated in item 24 of the 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 for ADT.  It specifies that a member of an RC 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.  ELS of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he was awarded MOS 94B and released from ADT on 2 September 1987 in an ELS.

2.  By regulation, the service of RC Soldiers who are separated from the Army in an ELS will be uncharacterized, even though they have completed their initial ADT successfully.  

3.  An ELS separation constitutes an uncharacterized discharge and is not meant to be a negative reflection of a Soldier’s military service.  It merely means 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.  The evidence also shows that upon completion of his required service in the USAR, he was issued discharge orders and an Honorable Discharge Certificate, both of which are official separation documents for completion of service in the USAR.

5.  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 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)                                         AR20110006366



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ABCMR Record of Proceedings (cont)                                         AR20110006366



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