IN THE CASE OF:	  

		BOARD DATE:	    15 December 2011

		DOCKET NUMBER:  AR20110011451 


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) to show in:

* item 4b (Pay Grade) "E4"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) all commendations and medals authorized
* item 24 (Character of Service) "Honorable"

2.  The applicant states his DD Form 214 has hindered his employment efforts and veteran status.

3.  The applicant provides:

* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* NGB Form 55a (Honorable Discharge Certificate from the Federally Recognized Army National Guard) 

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 Army National Guard on 3 April 1990 under the Split Training Option.  He was ordered to initial active duty for training (IADT) from 30 May to 20 August 1991.  He completed training and was awarded military occupational specialty 91A (Medical Specialist).  The highest rank/grade he attained while on active duty was private first class/E-3.

3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:
 
a. Item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal
* Rifle Badge (M-16)
* Hand Grenade Badge

b. Item 18 (Appointments and Reductions):

* PV1 on 3 April 1990
* PV2 on 29 December 1990
* PFC on 28 June 1991
* SPC on 18 October 1991

c. Item 35 (Record of Assignments):

* 3 April 1990, Trainee/IADT for a period of 8 weeks
* 28 June 1990, Receptee

4.  The applicant's DD Form 214 shows in:

a. Item 4a (Grade, Rate or Rank) "PFC."

b. Item 4b "E3."

c. Item 12a (Date Entered AD [Active Duty] This Period) "30 May 1991."
d. Item 12b (Separation Date This Period) "20 August 1991."

e. Item 12c (Net Active Service This Period) "2 months and 21 days."

f. Item 12d (Total Prior Active Service) "2 months and 3 days."

g. Item 13 "Army Service Ribbon//Nothing Follows."

h. Item 23 (Type of Separation) "Release from Active Duty Training (ADT)."

i. Item 24 (Character of Service) "Uncharacterized."

j. Item 25 (Separation Authority) "MEPS Self-Terminating Orders 76-30 Date Time Group (DTG) 910417 Course 91A."

k. Item 28 (Narrative Reason for Separation) "Completion of Period of ADT."

5.  The applicant's NGB Form 22 shows in:

a. Item 4 (Date of Enlistment) 3 April 1990.

b. Item 5a (Rank) "SPC" (Specialist).

c. Item 5b (Grade) "E-4."

d. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period):

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal

e. Item 18 (Remarks) "IADT:  30 May to 20 August 1991."

6.  A DA Form 4187 (Personnel Action), dated 18 October 1991, shows the applicant was advanced to the rank/grade of specialist/E-4 effective 28 October 1991.

7.  The applicant's NGB Form 55a shows he received an Honorable Discharge Certificate from the Federally Recognized Army National Guard on 2 April 1996.

8.  Orders show the applicant was honorably discharged from the Army National Guard and assigned to the USAR Control Group (annual training) on 2 April 1996.

9.  The applicant's records do not contain orders awarding him additional awards and decorations or commendations.

10.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

11.  Army Regulation 635-200, paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.  Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service.  It further states that the character of service for members separated under the provisions of chapter 11 will be uncharacterized.  

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with a complete and accurate documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is not required for periods of less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to lack merit.

2.  His record shows he initially entered IADT on 30 May 1991 and he was released on 20 August 1991 after completing 2 months and 21 days of active service.  In view of the fact that this period of service was less than 180 days
[6 months], he was issued a DD Form 214 that specifies "Uncharacterized" service.

3.  His record is void of any evidence and he has not provided any evidence showing he completed any other period of active service of more than 90 days between the date he was released from IADT on 20 August 1991 and the date of his discharge from the Army National Guard on 2 April 1996.  There is no regulatory provision for issuance of a DD Form 214 for inactive service.  Therefore, there is no basis for granting the requested relief.

4.  The applicant's DA Form 2-1 and DA Form 4187 both show he was not promoted to E-4 during the period 30 May through 20 August 1991.  Therefore, there is no basis for granting the requested relief.

5.  His record is void and he has not provided any orders showing he was awarded additional awards, decorations, and commendations during the period 30 May through 20 August 1991.   

6.  Based on the foregoing, there is insufficient evidence to grant 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)                                         AR20110011451



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ABCMR Record of Proceedings (cont)                                         AR20110011451



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