IN THE CASE OF:	  

		BOARD DATE:	    31 May 2012

		DOCKET NUMBER:  AR20110025053 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 June 1989 be corrected to show his service was characterized as honorable versus "uncharacterized."  Additionally, he requests his DD Form 214 for the period ending 10 April 1991 be corrected to show "verification" of his total prior active and inactive service.

2.  He states that in order for his service to be credited under the Federal Employees Retirement System, his service must be verified and listed as honorable.

3.  He provides the following:

* Two DD Forms 214
* Army National Guard (ARNG) Retirement Points History Statement
* Orders 223-605, dated 11 August 2011

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's records show he enlisted in the ARNG on 16 February 1989 for a period of 8 years.  On 16 March 1989, he was ordered to active duty for training (ADT).  He was released from ADT on 22 June 1989.

3.  His DD Form 214 for the period ending 22 June 1989 shows in:

* item 12c (Net Active Service This Period) – "00  03  07"
* item 12d (Total Prior Active Service) – "00  00  00
* item 12e (Total Prior Inactive Service) – "00  01  00"
* item 23 – Relief from ADT
* item 24 (Character of Service) – Uncharacterized

4.  On 11 January 1991 he was ordered to ADT for completion of training at Fort Sill, OK.  On 10 April 1991, he was released from ADT and his DD Form 214 shows in:

* item 12c (Net Active Service This Period) – "00  03  00"
* item 12d (Total Prior Active Service) – "Not Verified"
* item 12e (Total Prior Inactive Active Service) – "Not Verified"
* item 23 – "Relief from IADT" (initial ADT)
* item 24 (Character of Service) – Honorable
* item 28 (Narrative Reason for Separation) – “Completion of IADT”

5.  On 11 August 2011, he was honorably discharged from the ARNG and reassigned to the Retired Reserve.

6.  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 ARNG 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.

7.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions and shows:

	a.  The total amount of prior active military service less lost time, if any, will be entered in item 12d. 
	b.  The total amount of prior inactive military service less lost time, if any, will be entered in item 12e.

	c.  The total amount of foreign service completed during the period covered by the DD Form 214 will be entered in Item 12f.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that during the applicant's first period of ADT he was properly discharged.  An uncharacterized separation carries no stigma.  It simply means the Soldier has not served the requisite amount of time to warrant a characterization of service.

2.  The evidence of record shows he entered active duty on 16 March 1989 and he was released from IADT on 22 June 1989 after completing 3 months and 7 days of active duty service.  This period of service was less than 180 days (6 months); therefore, he was issued a DD Form 214 that shows this period of service as uncharacterized.  The characterization in item 24 of this DD Form 214 is correct as shown.  Therefore, he is not entitled to correction of this item.   

3.  It is noted that an administrative error was made in item 23 of his DD Form 214 for the period ending 10 April 1991, wherein he is shown as having completed IADT.  The evidence of record shows this period should have been shown as ADT.  As such, item 23 of his DD Form 214 should be corrected to show "Relief from ADT.  Item 28 (Narrative Reason for Separation) should show "Completion of ADT."  

4.  As it pertains to adding his prior active and inactive service to his DD Form 214 for the period ending 10 April 1991, the ABCMR does not have access to his complete military service record in order to properly compute his prior active and inactive service.  The U.S. Army Human Resources Command (AHRC) has access to his complete military service record; as such, AHRC should compute the applicant's prior active and inactive service and issue him a DD Form 215 (Correction to DD Form 214) reflecting the amendments the applicant desires.


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 directing AHRC to correct his DD Form 214 for the period ending 11 January 1991 by:

	a.  computing all of the applicant's prior active and inactive service and amending item 12 to reflect such changes;

	b.  amending item 23 to show "Relief from ADT”;

	c.  amending item 28 to show "Completion of ADT”; and 

	d.  issuing him a DD Form 215 which reflects these changes. 

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 changing his characterization of service on his DD Form 214 for the period ending 16 March 1989.  




      _______ _  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)                                         AR20110025053





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ABCMR Record of Proceedings (cont)                                         AR20110025053



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