IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110016797
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his entry level status characterization to honorable.
2. The applicant states that he is a Federal employee and cannot obtain military credit for his service because his DD Form 214 states "entry level status.
3. The applicant provides copies of his DD Form 214 ending on 23 April 1986; and his discharges orders from the U.S. Army Reserve in 1993.
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 applicant's DD Form 4/1 (Enlistment/Reenlistment Document) shows he enlisted in the Army National Guard (ARNG) on 19 August 1985 for a period of
8 years.
3. On 27 October 1985, the applicant entered active duty for the purpose of completing his initial active duty training (IADT).
a. 4 November 1985 to 21 January 1986: Basic Combat Training at Fort Jackson, south Carolina; and
b. 22 January to 23 April 1986: Advanced Individual Training at Fort Gordon, Georgia for military occupational specialty (MOS) 31C (Radio Teletype Operator.
4. Records show the applicant successfully completed his IADT. He was released from active duty and reassigned to the 230th Signal Battalion, located in Burlington, North Carolina.
5. The applicant's DD Form 214 shows:
a. he completed 5 months and 27 days of creditable active duty service;
b. he was awarded MOS 31C; and
c. his character of service as "entry level status."
6. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided the following six standards characterizations for entry in Item 24 (Character of Service) of the
DD Form 214:
* Honorable
* Under Honorable Conditions (General)
* Under Other Than Honorable Conditions
* Bad Conduct
* Dishonorable
* Uncharacterized
7. Army Regulation 635-200 (Personnel Separations), as in effect at the time, provided:
a. that ARNG Soldiers who successfully completed their IADT and were in an entry level status would receive an uncharacterized character of service; and
b. that for ARNG Soldiers, entry-level status began upon enlistment in the ARNG and terminated 180 days after the beginning of one continuous period of training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his character of service as honorable because, as a Federal employee, he cannot obtain military service credit with an entry level status.
2. The evidence of record clearly shows that the applicant was an ARNG Soldier ordered to active duty for one continuous period of IADT. He successfully completed his training and was returned to his ARNG unit. Because the length of his service was less than 180 days he was still in an entry level status at the time of his release from active duty.
3. The applicant's desire to obtain recognition of his military service now that he is a Federal employee is not a justifiable basis for changing his characterization of service.
4. However, the governing regulation required that ARNG Soldiers, who were separated from active duty in an entry level status, even though they successfully completed their IADT, receive an uncharacterized character of service. The applicant's DD Form 214 incorrectly shows "Entry Level Status." Therefore, this entry should be changed to read "Uncharacterized."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an uncharacterized character of service on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing an honorable characterization of service on his DD Form 214.
_________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) AR20110016797
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ABCMR Record of Proceedings (cont) AR20110016797
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