IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130010567
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that her service was honorable.
2. The applicant states that she served on active duty more than 1 year and
3 months and her service should be characterized as honorable instead of uncharacterized.
3. The applicant provides a copy of her 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. On 21 May 1994, the applicant enlisted in the United States Army Reserve (USAR) for a period of 8 years and training as an X-Ray Specialist.
3. She was ordered to initial active duty training (IADT) on 28 September 1994. She completed basic training at Fort Leonard Wood, Missouri and she was transferred to Fort Sam Houston, Texas to begin advanced individual training (AIT). She completed Phase I of her AIT and was transferred to Fort Gordon, Georgia to complete the remainder of her 62 weeks of training.
4. Her DD Form 214 shows, on 17 January 1996, she was released from IADT due to completion of required active duty. She had served 1 year, 3 months, and
20 days of active service and she was returned to her USAR unit in Georgia. Her service was uncharacterized.
5. A review of the available records failed to reveal any derogatory information. She was honorably discharged from the USAR on 21 May 2002.
6. Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel. Paragraph 4-2, in effect at the time, provides in pertinent part that Army National Guard and USAR Soldiers who successfully complete a period of IADT while in an entry level status (180 days or less) will have uncharacterized service even though they completed their IADT successfully. That regulation also defines entry level status for USAR Soldiers as 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her service should be characterized as honorable instead of being uncharacterized has been noted and appears to have merit.
2. Normally, Reserve Component Soldiers complete their IADT within 180 days or less. However, in the applicants case her AIT was 62 weeks in length and as a result, she was no longer considered in an entry level status.
3. Accordingly, she is entitled to have her service characterized as honorable.
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 concerned be corrected by deleting the entry Uncharacterized from item 24 of her DD Form 214 and adding the entry Honorable.
____________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) AR20130010567
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ABCMR Record of Proceedings (cont) AR20130010567
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