BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120008612
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 reconsideration of his request to have his uncharacterized service changed to an honorable characterization of service.
2. The applicant states that the record of proceedings incorrectly reflect that he served in the Army National Guard when in fact he served in the United States Army Reserve (USAR). He goes on to state that he is attempting to buy back his military time; however, his employer, the United States Postal Service (USPS), does not accept uncharacterized service and will not allow him to buy back the time unless it is honorable service. Additionally, he has worked for the USPS since 17 November 1979. He also states that the uncharacterized service presents a stigma against him and has caused the USPS to change his retirement computation date by the same amount of service. Accordingly, he requests that the Board grant his request.
3. The applicant provides a letter from the USPS indicating that his entry level service does not qualify for Military Buy Back (MBB).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110011004 dated 10 November 2011.
2. The applicant enlisted in the United States Army Reserve in Chicago, Illinois on 10 January 1985 for a period of 8 years, training as a motor transport operator and a cash enlistment bonus.
3. He was ordered to initial active duty training on 14 February 1985 and was transferred to Fort Dix, New Jersey for his one-station unit training. He completed his training and was released from active duty training on 7 June 1985. He had served 3 months and 24 days of active service and was returned to his USAR unit. His service was uncharacterized.
4. His records show that on 25 January 1991 he was ordered to active duty in support of Operation Desert Shield/Storm and he served until he was honorably released from active duty (REFRAD) on 18 March 1991 and was returned to his USAR unit. He had served 3 months and 24 days of active service.
5. On 10 January 2005 he was again ordered to active duty, in support of Operation Iraqi Freedom. He deployed to Iraq from 20050303 20060221 and on 20 March 2006, he was honorably REFRAD due to completion of required service. He had served 1 year, 2 months, and 11 days of active service that period.
6. On 9 February 2006, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
7. Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel. Paragraph 4-2, in effect at the time, provides in pertinent part that Army National Guard and USAR Soldiers who successfully complete a period of IADT while in an entry level status will have uncharacterized service even though they completed their IADT successfully.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
9. 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 active duty for training (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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 14 February 1985 should be corrected to reflect honorable service has been noted.
2. The applicant was properly released from IADT with uncharacterized service in accordance with the applicable regulation in effect at the time because he had served less than 180 days of continuous active duty.
3. While the applicants request is understandable, a duly-constituted and properly-prepared DD Form 214 is not changed simply to qualify an individual for benefits.
4. An uncharacterized separation is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request to change item 24 of his DD Form 214 to show a characterization of his service.
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 to amend the decision of the ABCMR set forth in Docket Number AR20110011004, dated 10 November 2011.
_______ _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) AR20120008612
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