BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021040 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show she received an honorable discharge.

2.  The applicant states that after completing basic training and advanced individual training (AIT) she served in the United States Army Reserve (USAR) until 15 February 2002.  She was deployed twice and spent about 6 years on active duty all together.

3.  The applicant provides copies of her DD Form 214, effective 24 May 1985 and her disability discharge orders, effective 15 February 2002.

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.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows she enlisted in the U.S. Army Reserve (USAR) on 
19 September 1984 for 8 years.

3.  Her DD Form 214 shows she entered active duty for training (ADT) on 
7 November 1984.  Upon completion of training, she was awarded military occupational specialty (MOS) 64C (Motor Transportation Operator).

4.  On 24 May 1985, she was released from ADT and transferred to 357th Chemical Company, USAR, after completing 6 months and 18 days of net active service.  The same DD Form 214 also contains the following entries:

* item 23 (Type of Separation) – release from ADT
* item 24 – uncharacterized
* item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4
* item 26 (Separation Code) – LBK
* item 27 (Reentry Code) – not applicable
* item 28 (Narrative Reason for Separation) – expiration of term of service

5.  There is also no evidence suggesting she committed any type of misconduct that would have precluded the issuance of an honorable characterization of service upon her release from ADT.

6.  Applicant provides Orders Number D19-7, issued by the U.S. Army Physical Disability Agency, dated 29 January 2002, which show she was discharged from the USAR on 15 February 2002 for disability and authorized severance pay.

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

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous AD.  It is not intended to have any legal effect on termination of a Soldier's service.

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

	c.  Paragraph 2-4 provides line-by-line instructions for completing the DD Form 214 and states the characterization or description of service is determined by directives authorizing separation.

8.  Army Regulation 635-200 (Enlisted Separations) 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.

	a.  It specifies that separation from an entry-level status will be uncharacterized and so indicated in item 24 of the DD Form 214.

	b.  A Soldier will be discharged or released from AD upon termination of enlistment and other periods of AD or ADT.  It specifies that Soldiers of the USAR ordered to AD for a period in excess of 90 days will, upon release from AD, revert to control of the appropriate RC and the service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized, even though they have completed their initial ADT successfully; and

	c.  A member being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless an entry level separation is required

	d.  A member of an RC begins entry-level status upon enlistment in an RC.  Entry level status terminates 180 days after beginning training if the Soldier was ordered for ADT for one continuous period of 180 days or more.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her DD Form 214 to show she received an honorable discharge.

2.  The evidence of record confirms she entered her ADT on 7 November 1984, completed training, and was awarded MOS 62C.  She was released from ADT on 24 May 1985 having completed 6 months and 18 days of active service during this period.

3.  By regulation, in effect at the time, service of RC Soldiers who are in an entry-level status will be uncharacterized.  Entry level status terminates 180 days after beginning training.  Because she completed more than 180 days on ADT she was no longer in an entry level status.  Therefore, her DD Form 214 should be corrected to show her characterization of service as honorable.

4.  In view of the above, her request should be granted.




BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of her DD Form 214 to show the character of her service as "honorable."




      _______ _  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)                                         AR20110021040





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ABCMR Record of Proceedings (cont)                                         AR20110021040



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