IN THE CASE OF:
BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120019293
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* his rank/grade as specialist (SPC)/E-4
* his last duty assignment and major command as the 411th Medical Company
* the station where he separated as Savannah, GA
* his character of service as honorable
2. He states all of the above information on his DD Form 214 is incorrect.
3. He provides the following:
* DD Form 214
* DA Form 4187 (Personnel Action)
* Orders 105-26, dated 19 December 1990
* Orders D-11-697802, dated 19 November 1996
* Honorable Discharge Certificate, dated 19 November 1996
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 U.S. Army Reserve (USAR) in the grade of private (PV2)/E-2 on 15 November 1988 for a period of 6 years. On 30 November 1988, he was ordered to initial active duty for training at Fort Dix, NJ, for basic training followed by advanced individual training (AIT) at Fort Sam Houston, TX.
3. Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, Orders 84-52, dated 27 April 1989, released him from active duty for training effective 26 May 1989. The standard name line shows he was attached to Company E (Trainee), 232nd Medical Battalion, U.S. Army Medical Department Regiment, Army Health System (AHS), Fort Sam Houston, TX. It also shows his rank as PV2.
4. His DD Form 214 shows he was released from active duty for training on 26 May 1989 by reason of completion of required active service with uncharacterized service. He completed 5 months and 27 days of active service during this period and had 15 days of prior inactive service. This form also shows the following:
* item 4a (Grade, Rate, or Rank) PV2
* item 4b (Pay Grade) E-2
* item 7 (Last Duty Assignment and Major Command) 232nd Medical Battalion Trainee AHS, Health Services Command
* item 8 (Station Where Separated) Fort Sam Houston, TX
5. A DA Form 4187 shows he was advanced to private first class (PFC)/E-3 effective 25 March 1990.
6. Headquarters, 121st USAR Command, Birmingham, AL, Orders 105-26, dated 19 December 1990, show his unit assignment as the 411th Medical Company, Savannah, GA.
7. A DA Form 4187 shows he was advanced to SPC/E-4 effective 10 March 1991.
8. Orders D-11-697802, U.S. Army Reserve Personnel Center, dated 19 November 1996, and his Honorable Discharge Certificate show he was honorably discharged from the USAR and U.S. Army effective 19 November 1996 in the rank of SPC.
9. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) 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 periods of active duty or active duty for training. Specifically, individuals of the USAR 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 active duty for training.
10. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states:
* for items 4a and 4b, enter the active duty grade of rank and pay grade at the time of separation
* for items 7 and 8, enter the last duty assignment and major command and station where separated
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was properly released from initial active duty for training on 26 May 1989. An uncharacterized separation carries no stigma. It simply means the Soldier has not served the requisite amount of time on active duty to warrant a characterization of service.
2. The evidence of record shows he entered active duty on 30 November 1988 and he was released from AIT at Fort Sam Houston, TX, on 26 May 1989 after completing 5 months and 27 days (177 days) of active duty service. This period of service was less than 180 days; therefore, he was issued a DD Form 214 that shows this period of service as uncharacterized.
3. The evidence also shows he held the rank/grade of PV2/E-2 at the time of his release from active duty on 26 May 1989 which is properly annotated on his DD Form 214. His advancement to PFC/E-3 and subsequent advancement to SPC/E-4 did not occur until after his release from active duty. Any subsequent advancements/promotions or achievements that occurred after his release from active duty cannot be listed on the DD Form 214. Therefore, his DD Form 214 is correct as constituted.
4. His orders releasing him from active duty for training effective 26 May 1989 listed the 232nd Medical Battalion, U.S. Army Medical Regiment, AHS, Fort Sam Houston, TX, as his unit of assignment in the standard name line.
5. There is no basis for granting his request.
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 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) AR20120019293
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ABCMR Record of Proceedings (cont) AR20120019293
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