BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012216
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his characterization as honorable.
2. The applicant states his DD Form 214 shows his service during active duty training (ADT) was uncharacterized and should have been characterized as honorable because he completed his training without incident and returned to his U.S. Army Reserve (USAR) unit.
3. The applicant provides a copy of 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. On 8 June 1989, the applicant enlisted in the USAR for a period of 8 years. He was ordered to initial ADT (IADT) on 25 July 1989 and was transferred to Fort Dix, New Jersey where he completed his one-station unit training as a motor transport operator.
3. His DD Form 214 shows, on 30 November 1989, he was released from IADT and returned to his USAR unit. He had served 4 months and 6 days of active service, which was uncharacterized.
4. On 17 June 1997, he was honorably discharged from the USAR.
5. 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 his service should be characterized as honorable instead of being uncharacterized has been noted and appears to lack merit.
2. The applicable regulations provide that Reserve Component Soldiers who complete their IADT within 180 days or less will have their service characterized as Uncharacterized. Therefore, the applicants DD Form 214 was correctly prepared and there is no error or injustice in his case. To grant the applicants request would afford him a benefit not afforded to other Soldiers in similar circumstances.
3. Accordingly, he is not entitled to have his service characterized as honorable.
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 that 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) AR20130012216
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012216
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003927
Upon his first discharge from active duty in 1990, he was told that they couldnt put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his...
ARMY | BCMR | CY2009 | 20090008030
Application for correction of military records (with supporting documents provided, if any). The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995; Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996; NGB Form 22 (Report of...
ARMY | BCMR | CY2012 | 20120016736
The applicant requests correction of his 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an honorable characterization of service and a reenlist eligibility (RE) code other than "NA." Army Regulation 635-200 (Active Duty Enlisted Administration 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. The...
ARMY | BCMR | CY2012 | 20120003710
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, at a minimum, that his service was under honorable conditions. The applicant states he completed active duty for training (ADT) without incident; however, item 24 (Character of Service) on his DD Form 214 was recorded as "uncharacterized." A DD Form 214 shows the applicant entered IADT on 8 September 1988 and he was released from ADT on 10 February 1989 under the...
ARMY | BCMR | CY2011 | 20110020911
Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted as follows: * PV1- 23 December 1988 * PV2- 22 August 1989 * PFC - no entry * SPC - 16 February 1990 7. With regard to the rank/grade of E-1 recorded on the applicants DD Form 214; she enlisted in the USAR as a PV1 on 23 December 1988 and was promoted to PV2 on 22 August 1989. Additionally, the characterization of service for USAR Soldiers who successfully complete a period of IADT and are in entry level status is...
ARMY | BCMR | CY2011 | 20110003179
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show "honorable" instead of "uncharacterized." It specifies that "Soldiers of the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate RC" and that the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized,...
ARMY | BCMR | CY2013 | 20130001472
The applicant requests, in effect, change of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show something other than uncharacterized. The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of ADT with an uncharacterized character of service. A Soldier being separated upon expiration of enlistment...
ARMY | BCMR | CY2013 | 20130006154
The applicant requests: * an upgrade of his uncharacterized discharge from the U.S. Army Reserve (USAR) to an honorable discharge * the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) 2. 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. RC...
ARMY | BCMR | CY2007 | 20070013838
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Entry-level status for such a member of an RC terminates as follows: (1) 180 days after beginning training if the member is ordered to active duty for training (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 member is ordered to ADT under a program that splits the training into two or...
ARMY | BCMR | CY2007 | 20070013838
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 February 2008 DOCKET NUMBER: AR20070013838 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. She entered initial active duty training (IADT) on 14 October 1988 and was relieved from IADT on 4 March 1989 after completing 4 months and 21 days of active service. Department of Defense Directive 1332.14...