IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130006975
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 discharge from uncharacterized to honorable.
2. The applicant states he completed his training and reported to his parent unit. He did not use a split training option. All of his peers received an honorable characterization. He is a full-time federal dual status technician trying to buy back his active duty time and has been told the time cannot be utilized because it is uncharacterized.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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, currently an Army National Guard (ARNG) dual status staff sergeant, served on initial active duty for training (IADT) from 22 September 1994 through 17 March 1995.
3. He successfully completed basic combat and advanced individual training with award of the military occupational specialty 63B (Light Vehicle Mechanic).
4. His DD Form 214 shows he was released from active duty training and returned to his ARNG parent unit. The separation authority is Army Regulation 635-200, chapter 4 with the narrative reason for separation of completion of required active service. His character of service is shown as uncharacterized.
5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), sets forth policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons:
a. The regulation in effect at the time of the applicant's IADT stated that ARNG Soldier's service would be uncharacterized unless they served in excess of 180 days or under the split training option after 90 days from the beginning of their Phase II training.
b. The current regulation, paragraph 39, states a separation will be described as entry-level with service uncharacterized if discharge processing is initiated while a Soldier is in entry-level status, except (emphasis added) when the Soldier has less than 181 days of continuous active military service, has completed IADT, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicant's completion of IADT regulations required a Soldier to have 180 days on active duty to have their service characterized. Because the applicant's training took five days less than the 180-day requirement his DD Form 214 showing uncharacterized service was proper at the time of issuance.
2. Under current regulations if the applicant completed IADT, was awarded an MOS, reported for duty at a follow-on unit of assignment, and continued in an active ARNG status he would qualify for an honorable characterization of service.
3. Due to the applicant being negatively impacted by his character of service it would be appropriate to grant the applicant an exception to policy and apply current standards in this case.
4. Therefore, it is appropriate to correct the DD Form 214 to show a characterization of service of honorable based on current standards and regulations.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual be amended by correcting the DD Form 214 he received on 17 March 1997 to show he received an honorable 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.
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