BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120016736
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 his 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable characterization of service and a reenlist eligibility (RE) code other than "NA."
2. The applicant states he was told that an uncharacterized entry level separation applied to those who had served 180 days or less. When he finished his initial active duty training (IADT) he had served 192 days. The listing of "NA" instead of an RE code keeps him from joining the Texas State Guard. His
DD Form 214 does not reflect his 9+ years of U.S. Army Reserve (USAR) service. The government will not accept his DD Form 214 as a record of service for employment purposes.
3. The applicant provides in support of his request copies of his 1989
DD Form 214, 1997 orders discharging him from the USAR, and a 23 August 2012 letter from the National Personnel Records Center.
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 USAR, on 23 April 1988. He completed IADT consisting of basic and advanced individual training between 17 November 1988 and 28 May 1989, a period of 6 months and 12 days.
3. His DD Form 214 shows in:
* item 23 (Type of Separation) Relief from IADT
* item 24 (Character of Service) Uncharacterized
* item 25 (Separation Authority) "AR 635-200, Paragraph 4-2H"
* Item 26 (Separation Code) MCD
* item 27 Reenlistment Code NA
4. Army Regulation 635-200 (Active Duty Enlisted Administration Separations) states a member of a Reserve component (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 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.
5. Army Regulation 635-5 (Separation Documents) states:
a. The DD Form 214 is a summary of a Soldiers most recent period of continuous active service.
b. Reentry codes "are not applicable to officers
or to RC Soldiers being separated for other than cause."
DISCUSSION AND CONCLUSIONS:
1. The governing regulations states RE codes are not applicable to RC Soldiers unless they are being separated for cause. The applicant was not separated for cause, he was simply released from active duty after completing IADT. He was properly not given an RE code.
2. Army Regulation 636-5 states the DD Form 214 is a summary of a Soldiers most recent period of continuous active service. It is not intended to be a summary or record of a Reservist's career. Therefore, his USAR service subsequent to 28 May 1989 is properly not entered on his DD Form 214.
3. However, the applicant ended his entry-level status when he completed 180 days of continuous active duty. Since he completed approximately 192 days of continuous active duty and he successfully completed IADT, he should have been given a characterization of service of honorable.
4. In view of the foregoing, his DD Form 214 should be corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x___ ___x_____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 show his characterization of service as honorable.
2. The Board further determined 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 amending his DD Form 214 to show his RE code is anything other than NA or to add his USAR service subsequent to 28 May 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) AR20120016736
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