IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120011759
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 discharge to an honorable discharge.
2. The applicant states he received a DD Form 256A (Honorable Discharge Certificate) after he received his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides his:
* DD Form 214 for the period ending 12 March 1991
* DD Form 256A, dated 3 November 1998
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 enlisted in the Arizona Army National Guard (AZARNG) on
30 October 1990. He was ordered to one continuous period of initial active duty for training (IADT) on 14 November 1990. He completed the required training and he was awarded military occupational specialty 77F (Petroleum Supply Specialist).
3. On 12 March 1991, he was released from active duty and returned to his AZARNG unit. He completed 3 months and 29 days of net active service this period with a character of service of uncharacterized. Based on his date of entry on IADT, his entry-level status would have terminated on 13 May 1991.
4. On 8 August 1992, he was honorably discharged from the AZARNG and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. On 3 November 1998, he was honorably discharged from the USAR.
5. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.
a. Paragraph 4-2 provided that the service of ARNG and USAR Soldiers who successfully completed a period of IADT to which ordered and who were in an entry-level status was uncharacterized, even though they had completed their IADT successfully.
b. Entry-level status for ARNG and USAR Soldiers was defined as the period from enlistment in the ARNG or USAR until 180 days after beginning training for those Soldiers ordered to IADT for one continuous period.
DISCUSSION AND CONCLUSIONS:
1. Based on the date he began his IADT, his entry level status would have ended on 13 May 1991. However, he was released from IADT on 12 March 1991. As such, he was in an entry-level status on the date of his separation from active duty. Therefore, because he was in an entry-level status at the time of his release from IADT, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time.
2. The DD Form 256A he submitted is based on his discharge from the USAR on 2 November 1998, over 7 years after his release from IADT. It does not change the characterization of service for his period of active duty from
14 November 1990 through 12 March 1991.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
4. The applicant is advised an uncharacterized discharge 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.
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) AR20120011759
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ABCMR Record of Proceedings (cont) AR20120011759
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