BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005808
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 8 November 1989 to show his character of service as honorable.
2. The applicant states he was in the U.S. Army Reserve (USAR) when he was ordered to initial active duty for training (IADT) for basic and advanced individual training. He states his service was uncharacterized and he needs it changed to show a characterization of honorable for him to receive military service credit for his government job.
3. The applicant provides copies of his DD Forms 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 was a member of the USAR when he was ordered to IADT on 20 July 1989. He completed training as a supply specialist at Fort Lee, Virginia, and was released from IADT to the control of his USAR unit on 8 November 1989. He completed 3 months and 17 days of active service during this period. His service was uncharacterized.
3. On 28 March 1990, he enlisted in the Regular Army for a period of 4 years. He was honorably discharged on 16 January 1997 to attend school. He completed 6 years, 9 months, and 19 days of active service during this term of enlistment.
4. Army Regulation 635-200 (Personnel Separations Enlisted Personnel) provides the policies and procedures for separation of enlisted personnel. Paragraph 4-2, in effect at the time of the applicant's release from IADT, provided that Army National Guard and USAR Soldiers who successfully completed a period of IADT while in an entry-level status would have uncharacterized service even though they completed IADT successfully.
DISCUSSION AND CONCLUSIONS:
1. The applicant was properly released from IADT with uncharacterized service in accordance with the applicable regulation in effect at the time.
2. While the applicant's request is understandable, a duly-constituted and properly-prepared DD Form 214 is not changed simply to qualify an individual for veterans' benefits.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.
4. Accordingly, there appears to be no basis to grant 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) AR20130005808
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