IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120009179 


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 change of his uncharacterized character of service to honorable and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) accordingly.

2.  He states he graduated from Basic Combat Training (BCT) at Fort Sill, OK and Advanced Individual Training (AIT) at Fort Lee, VA as reflected on his graduation certificates.  He was awarded military occupational specialty (MOS) 92A (Automated Logistics Specialist).  He did not have any disciplinary actions or other incidents during his active duty service.  Being new to the military, he failed to properly check his DD Form 214 upon his completion of training.  He returned to his unit and he was never notified or noticed the character of service until recently while applying for work benefits.  He also contends his DD Form 214 reflects the narrative reason for his separation as "release from active duty training (REFRADT)," but the Separation Program Designator (SPD) code "MBK" indicates completion of required service.  He feels the fact that he completed all required training during this period of active duty; it should be classified as honorable rather than uncharacterized.

3.  He provides:

* a DD Form 214
* a Certificate of Achievement, dated 15 July 1994
* 
his BCT and AIT diplomas, dated 18 August 1994 and 18 November 1994, respectively
* Orders 262-00214, issued by the U.S. Army Combined Arms Support Command, Fort Lee, dated 19 September 1994

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.  On 29 December 1993, the applicant enlisted in the Utah Army National Guard (UTARNG) for a period of 8 years.  He was subsequently ordered to initial active duty for training (ADT) on 14 June 1994 and he successfully completed BCT and AIT.  Upon completion of AIT he was awarded MOS 92A.  He was REFRADT on 18 November 1994.

3.  The DD Form 214 he was issued at the time shows he was REFRADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of required active service, with an uncharacterized character of service.  He completed 5 months and 5 days of creditable active service during this period, he had no prior active service, and he had 5 months and 15 days of prior inactive service.  The SPD code shown in item 26 (Separation Code) is "MBK."

4.  Upon his REFRADT, he was transferred back to the UTARNG for duty.  Orders 247-007, issued by Headquarters, UTARNG, Office of the Adjutant General, Draper, UT, dated 4 September 2003, honorably discharged him from the ARNG and as a Reserve of the Army, effective 22 August 2003.

5.  His record contains a National Guard Bureau (NGB) Form 22 (NGB – Report of Separation and Record of Service) that shows he was honorably discharged from the UTARNG and as a Reserve of the Army on 22 August 2003 by reason of appointment as a Commissioned or Warrant Officer.

6.  His record is void of any evidence and he has not provided any evidence that shows he completed a period of active service of more than 180 days between his date of enlistment and when he was released from initial ADT on 18 November 1994.

7.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 4 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 Reserve Components (RC) 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 initial ADT.

8.  A member of an RC 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 an RC.  Entry-level status of such a member of an RC terminates (a) 180 days after beginning training if the Soldier is ordered to 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.  A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized.

9.  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.

10.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states the SPD code of MBK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.  It further states this SPD is to be used for Army National Guard of the United States (ARNGUS) or U.S. Army Reserve (USAR) Soldiers who are REFRAD on completion of required active service or period for which ordered to active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by changing the entry in Item 24 to read "Honorable" instead of "Uncharacterized" was carefully considered.

2.  His record shows he initially entered ADT on 14 June 1994 and he was REFRADT on 18 November 1994 after completing 5 months and 5 days of net active service this period.  In view of the fact that this was a period of less than 180 days (6 months), he was appropriately issued a DD Form 214 for that specific period of time with an uncharacterized character of service and an SPD of MBK.

3.  Orders 247-007, dated 4 September 2003, shows he was honorably discharged from the UTARNG, effective 22 August 2003.  It is presumed that in addition to these orders he was furnished an Honorable Discharge Certificate reflecting his total period of service in the ARNG.

4.  His record is void of any evidence and he has not provided any evidence showing he completed a period of active service of more than 180 days between his date of enlistment and when he was REFRADT on 18 November 1994.
There is no regulatory provision for issuing a DD Form 214 for inactive ARNG service.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120009179



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ABCMR Record of Proceedings (cont)                                         AR20120009179



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