BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130001578 


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) for the period ending 4 March 1995 to show:  

* the character of service as "honorable" instead of "uncharacterized"
* he completed his first full term of service

2.  The applicant states, in effect, he completed his first term of service which included basic training, advanced individual training (AIT), and service from 1994 to 2002. 

3.  The applicant provides his DD Form 214. 

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 are not available for review with this case.  The only available document is a DD Form 214 provided by the applicant.  

3.  The applicant's DD Form 214 indicates he enlisted in the Army National Guard (ARNG) for 8 years on 29 January 1994.

4.  He entered active duty for training (ADT) on 9 September 1994.  He completed basic training and AIT and he was awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic).  

5.  He was released from ADT on 4 March 1995.  He completed 5 months and 
26 days of net active service this period.  His DD Form 214 shows in:

* Item 18 (Remarks), the entry "Member has not completed first full term of service" 
* Item 24 (Character of Service)  shows the entry "Uncharacterized"

6.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 of that regulation describes the different types of characterization of service.  It states, in pertinent part, that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  Entry level status begins on enlistment in the ARNG or the United States Army Reserve (USAR) and, for Soldiers ordered to initial ADT for one continuous period, ends 180 days after beginning training.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her active military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for each Soldier as indicated:
	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220; and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of AIT under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

8.  Army Regulation 635-5 in effect at the time stated to use the remarks section for entries required by Headquarters, Department of the Army for which a separate item is not available on the form and for completing entries that are too long for their blocks.  One of the mandatory entries is whether a Soldier has or has not completed full term of service.  Review Soldiers' original contract and enter statement that applies.  Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.  To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214.  If a Soldier has completed or exceeded the initial enlistment, enter "has."  If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not.

9.  The U.S. Army Human Resources Command clarified the issue of completion of first full term of enlistment in the 2013 revised Army Regulation 635-5.  This revised version states as an exception, if the narrative reason for separation on the DD Form 214 is "completion of required active service" then the entry is "Has." 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's request to show completion of his first full term of service: 

	a.  The above mandatory entry applied to Soldiers in the Regular Army at the time.  The applicant in this case enlisted in the ARNG.  His enlistment contract called for an 8-year enlistment in the ARNG.  When he was released from active duty, he had not completed the terms of his contract at the time. 

	b.  Nevertheless, based on the recent update to Army Regulation 635-5, when the narrative reason for separation on the DD Form 214 is "completion of required active service" then the entry is "Has."  Therefore, as a matter of equity, the applicant's DD Form 214 should be corrected to show the entry "member has completed first full term of service." 

2.  With respect to the applicant's character of service: 

	a.  The applicant enlisted in the ARNG on 29 January 1994.  He entered ADT on 9 September 1994 and he was released from ADT on 4 March 1995.  He completed 5 months and 26 days of net active service, which is "uncharacterized."

	b.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.

	c.  The entry-level separation (uncharacterized) is given regardless of the reason for separation.  This uncharacterized character of service is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.  

	d.  The applicant received the appropriate character of service.  Therefore, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  __x______  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting from item 18 the entry "Member has not completed first full term of service" and adding the entry "Member has completed full term of service." 

2.  The Board further determined that the evidence presented was 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 the characterization of service. 



      _______ _   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)                                         AR20130001578



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ABCMR Record of Proceedings (cont)                                         AR20130001578



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