IN THE CASE OF:	   

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009131 


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 the character of service and separation code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he believes his character of service and separation code are unjust because he went to his commander and explained that he was the only income provider in his home at the time
* he was employed as an over-the-road truck driver
* he was away from home for 4 to 6 weeks at the time and his Army National Guard drill dates weren't falling on his weekends at home
* he later received paperwork stating he was placed in the Individual Ready Reserve

3.  The applicant provides no additional evidence.

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 ordered to active duty for training (ADT) from the Army National Guard on 16 June 1988 to attend initial entry training.  He was released from ADT on 19 October 1988.  He completed 4 months and 4 days of creditable active service and he was awarded military occupational specialty (MOS) 
76P (Materiel Control and Accounting Specialist).

3.  His DD Form 214 for the period ending 19 October 1988 shows in:

* item 24 (Character of Service) – "UNCHARACTERIZED"
* item 25 (Separation Authority) – "PARA 4-2, AR 635-200"
* item 26 (Separation Code) – "LBK"
* item 28 (Narrative Reason for Separation) – "EXPIRATION TERM OF SERVICE"

4.  Army Regulation 635-200 (Active Duty Enlisted Administrative 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 terminates:

	a.  180 days after beginning training if the Soldier is ordered to 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 635-5-1 (Separation Program Designator (SPD)) Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated that SPD code:

	a.  LBK was the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 4, by reason of expiration term of service.

	b.  MCD was the appropriate code to assign RC personnel separated under the provisions of Army Regulation 635-00, paragraph 16-9, upon completion of MOS training or early release of RC personnel.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  The regulation, in effect at the time, provided that for RC personnel ordered to ADT by self-terminating orders, show the reason as "COMPLETION OF PERIOD OF ADT" in item 28.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was in an entry-level status when he was released from ADT in 1988, his service was uncharacterized which is properly reflected in item 24 of his DD Form 214.  Therefore, there is no basis for granting his request to correct his character of service.

2.  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.

3.  It appears the separation code and authority cited in the applicant's case are incorrect since he did not ETS.  The evidence shows he was ordered to ADT and he was released from active duty upon completion of MOS training.  Therefore, in accordance with the governing regulations, it would be appropriate to correct items 25, 26, and 28 of his DD Form 214.

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:

	a.  deleting the current entry in item 25 of his DD Form 214 and replacing it with the entry "AR 635-200, PARA 16-9,"

	b.  deleting the current entry in item 26 of his DD Form 214 and replacing it with the entry "MCD," and

	c.  deleting the current entry in item 18 of his DD Form 214 and replacing it with the entry "COMPLETION OF PERIOD OF ADT."

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 changing his character 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)                                         AR20130009131



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ABCMR Record of Proceedings (cont)                                         AR20130009131



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