IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130018969 


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 the characterization of his U.S. Army Reserve (USAR) service be changed to honorable and issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests award of the National Defense Service Medal (NDSM).

2.  He states:

	a.  At 18 years of age, he was slightly immature and irrational.  Looking back, he made a good decision to join the Army, but his timing was poor.  He decided to enter the split-option program while he was still in high school.  Between basic combat training (BCT) and advanced individual training (AIT), he saw a counselor who referred him to a psychiatrist.  The psychiatrist put him on medication and recommended that he discontinue his relationship with the military because he was less than stable.  He was young and agreed to do what the psychiatrist recommended.  He regrets it and has no one to blame but himself.  

	b.  He made it through BCT with no issues and he was released from duty 
1 year and 9 months after his initial entry date.  He no longer takes any medication and has not since 1997.  He feels the psychiatrist had his best interests in mind, but not the right treatment method.  He has since married and has two children with no personality disorders.  With no disciplinary action during his service and having completed BCT, he wonders if a change of the characterization of his service is a possibility.  He is not seeking any medical assistance or benefits, just the acknowledgment, as egocentric as that sounds.  If the characterization of his service could be changed or if he could receive a
DD Form 214, he would be grateful.  

3.  He provides no documentary evidence in support of his request.  

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 27 March 1995, the applicant enlisted in the USAR for a period of 8 years.  

3.  A DA Form 3540 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units (TPU) of the USAR) completed during his enlistment processing shows he acknowledged that:

* the enlistment option he had selected required his service in a TPU for a period of 6 years, with the balance of his enlistment served in the Individual Ready Reserve
* he would enter and satisfactorily complete initial active duty for training (IADT) to become qualified in a military occupational specialty (MOS) as soon as a training space was available
* he was required to participate satisfactorily during the entire period of his enlistment or assignment to the Ready Reserve, including attending all scheduled unit training assemblies unless excused by proper authority
* he had reviewed and understood the MOS description for MOS 95B (Military Police (MP))

4.  A DA Form 4826-R (Addendum to DA Form 3540 for Enlistment in the Alternate Training Program) shows he certified that he could not complete BCT and AIT during one continuous period because of a school or seasonal employment conflict.  He acknowledged that:
* upon completion of BCT he would be released from active duty and commence training with his assigned TPU
* within 1 year of the last day of his separation after completion of BCT, he would be required to enter active duty for training to complete AIT resulting in MOS qualification

5.  Orders 058-011, issued by the Military Entrance Processing Station, Fort Hamilton, Brooklyn, NY, dated 28 March 1995, show he was ordered to IADT with a reporting date of 29 June 1995 and an "arrive home" date no later than 14 August 1995.

6.  A memorandum, dated 18 August 1995, from the U.S. Army Chemical and MP Centers and Fort McClellan, AL, to the Commander, 812th MP Company, Orangeburg, NY, shows he entered active duty on 29 June 1995 and was released from active duty on 18 August 1995 (a period of 51 days) after completing BCT.  

7.  A Separation Request Form, dated 10 June 1996, shows the applicant voluntarily requested separation.  A letter from a medical doctor, dated 14 May 1996, was attached to the form.  The letter shows the doctor stated the applicant was under his care for a panic disorder and he was taking Zoloft.  The doctor requested the applicant's release from service and stated the applicant was unable to continue in service.

8.  A DA Form 4187 (Personnel Action), dated 11 June 1996, shows the applicant requested cancellation of his training reservation for MOS 95B based on medical reasons.  The form does not show whether or not his request was approved.  

9.  A memorandum, subject:  Entry-Level Separation, dated 29 October 1996, shows the Commander, 812th MP Company, notified the applicant he was initiating action under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 5, to separate him from the USAR for refusal to ship to AIT on 28 June 1996 due to a medical condition.  He informed the applicant that he would receive an entry-level separation.  The applicant acknowledged notification of his proposed separation and indicated he did not desire to make statements or rebut the reasons for his proposed separation.  

10.  Orders 18-14, issued by Headquarters, 77th Regional Support Command, Fort Totten, NY, dated 18 January 1997, discharged him from the USAR effective 7 December 1996 under the provisions of Army Regulation 135-178.  The orders show his discharge was uncharacterized.  

11.  Chapter 5 of Army Regulation 135-178, in effect at the time, prescribed criteria and procedures for the separation of enlisted Soldiers because of unsatisfactory performance or conduct (or both) while in an entry level status.  The policy was applicable to Soldiers who voluntarily enlisted in the USAR, had completed no more than 180 days of continuous and creditable active military service, and had demonstrated that they were not qualified for retention.  The service of Soldiers separated under this chapter was to be described as uncharacterized.  

12.  Army Regulation 135-178 further stated:

	a.  Honorable characterization of service was appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  Service would be described as uncharacterized if separation processing was initiated while a Soldier was in an entry-level status except when:

		(1)  characterization under other than honorable conditions was authorized under the reason for separation and warranted by the circumstances of the case; or 

		(2)  the Secretary of the Army determined that characterization of service as honorable was clearly warranted by the presence of unusual circumstances of personal conduct and performance of duty and the Soldier was being separation by reason of selected changes in service, convenience of the Government, and Secretarial plenary authority.  

13.  Army Regulation 135-178 defined entry-level status for members of the USAR as:

	a.  180 days after beginning training if the Soldier was 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 was ordered to ADT under a program that splits the training into two or more separate periods of active duty. 

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated a DD Form 214 would be prepared for members of the USAR under the following circumstances:

* after completing 90 days or more of continuous ADT, full-time training duty, or active duty support; or 
* after completing IADT which resulted in the award of an MOS, even though the active duty was less than 90 days (including completion of AIT under the USAR Split Training Program)

15.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995.  Members of other than the Selected Reserve who were called to active duty will also be eligible.  During these periods, service members in the following categories will not be considered eligible for the NDSM:  (1) any service member on active duty for the sole purpose of undergoing a physical examination; or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations.

DISCUSSION AND CONCLUSIONS:

1.  The record indicates the applicant was a member of the Selected Reserve in good standing during a period for which the NDSM was authorized.  It would be appropriate to add an appropriate document to his record showing he is authorized this award.  

2.  He was in an entry-level status when he requested separation from the USAR.  His discharge was approved and his service was properly described as uncharacterized.  There is no basis upon which to change the characterization of his service to honorable.  

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

4.  He has requested the issuance of a DD Form 214.  None of his service as a member of the USAR met the regulatory requirements for issuance of a DD Form 214.  There was no basis for issuing him a DD Form 214 then and there is no basis for doing so now.  


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 adding an appropriate document to his record showing he is authorized the NDSM.

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 the characterization of his service and issuance of a DD Form 214.



      _______ _   __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)                                         AR20130018969



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ABCMR Record of Proceedings (cont)                                         AR20130018969



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