IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20110008732
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 24 (Character of Service), to show the character of his service was "Honorable" instead of "Entry Level Status."
2. He states he needs the character of his service changed to honorable so that he may receive medical services and Department of Veterans Affairs (VA) benefits.
3. He provides a letter from the VA.
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 applicants records show he enlisted in the U.S. Army Reserve (USAR) on 10 January 1986 for 8 years. On 15 January 1986, he was ordered to initial active duty for training (IADT). On 18 June 1986, he was released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 4-25, expiration term of service, and transferred to his Reserve unit. He was credited with completing 5 months and 4 days of active service.
3. His DD Form 214, item 24, lists his character of service as "Entry Level Status." Item 27 (Reenlistment Code) contains the entry "NA."
4. Orders D-02-408494, dated 1 February 1994, shows he was honorably discharged from the USAR on the same date.
5. He provided a letter from VA that certifies he was honorably discharged from the Army after serving from 15 January to 18 June 1986.
6. His record is void of any evidence and he has not provided any evidence showing he completed a period of active service of 90 days or more between
18 June 1986 and 1 February 1994 (the date of discharge from the USAR).
7. 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 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.
8. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he entered IADT on 15 January 1986 and he was released from IADT on 18 June 1986 after completing 5 months and
4 days of active service. In view of the fact that this was a period of service that was less than 180 days (6 months) he was appropriately issued a DD Form 214 showing he was in an entry level status of service.
2. Orders show he was discharged from the USAR with an honorable characterization of service effective 1 February 1994. It is presumed that in addition to these orders, he was furnished an Honorable Discharge Certificate reflecting his 8 years of service in the USAR.
3. Eligibility for veteran's benefits (to include VA medical benefits) does not fall within the purview of the ABCMR. The Board does not grant relief solely for the purpose of making an applicant eligible for VA benefits.
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) AR20110008732
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ABCMR Record of Proceedings (cont) AR20110008732
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