IN THE CASE OF: 

		BOARD DATE:	    31 July 2014

		DOCKET NUMBER:  AR20130020173 


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 change of his uncharacterized character of service to honorable and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) accordingly.

2.  He states to the best of his knowledge, this was standard procedure if performing less than 180 days.  He attests that he had excellent [performance in] Basic Combat Training (BCT) and Advanced Individual Training (AIT) with no problems.  He contends that he needs to have this change because it could affect his ability to buy back time for retirement.

3.  He provides:

* a DD Form 214
* a letter from the Civilian Human Resources Agency Army Benefits Center - Civilian, Fort Riley, KS
* a Military Service Deposit Report

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 20 January 1983, the applicant enlisted in the U.S. Army Reserve (USAR).
He was subsequently ordered to initial active duty for training (ADT) on 3 June 1983 and he successfully completed BCT and AIT.  Upon completion of AIT he was awarded military occupational specialty 64C (Motor Transport Operator).  He was released from ADT (REFRADT) on 23 September 1983.

3.  The DD Form 214 he was issued at the time shows he was REFRADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of Reserve component personnel upon completion of MOS training or early release, with an uncharacterized character of service.  He completed 3 months and 21 days of creditable active service during this period, he had no prior active service, and he had 4 months and 13 days of prior inactive service.

4.  Upon his REFRADT, he was transferred back to the USAR for duty.

5.  The applicant enlisted in the Maryland Army National Guard (MDARNG) on 15 November 1984.  Orders 013-112, issued by State of Maryland Military Department, Fifth Regiment Army, Baltimore, MD, dated 26 January 1995, honorably discharged him from the ARNG and as a Reserve of the Army, effective 30 September 1994, for the purpose of enlisting in the Air Guard.

6.  His record contains a National Guard Bureau (NGB) Form 22 (NGB – Report of Separation and Record of Service) that shows he was honorably discharged from the MDARNG and as a Reserve of the Army on 30 September 1994 for the purpose of reenlisting into the Armed Forces.  This form also shows he had a total of 3 months and 21 days of prior active Federal service at the time of his discharge.

7.  His record is void of any evidence and he has not provided any evidence that shows he completed a period of active service of more than 180 days between his date of release from initial ADT on 23 September 1983 and his date of discharge from the ARNG and USAR.

8.  The applicant provides a letter from the Civilian Human Resources Agency Army Benefits Center - Civilian, Fort Riley, KS, dated 14 June 2013, which shows they had received and processed his application for Post-56 military deposit.  He was informed that his DD Form 214 for the period of service from 3 June to 23 September 1983 was uncharacterized and advised him to request to have it changed to honorable.

9.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  This regulation provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the Reserve Components (RC) ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed initial ADT.

10.  A member of an 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 of an RC 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.  A Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with a complete and accurate documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is not required for periods of less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by changing his characterization of service to read "Honorable" instead of "Uncharacterized" was carefully considered.

2.  His record shows he initially entered ADT on 3 June 1983 and he was REFRADT on 23 September 1983 after completing 3 months and 21 days of net active service this period.  In view of the fact that this was a period of less than 180 days (6 months), he was appropriately issued a DD Form 214 for that specific period of time with an uncharacterized character of service.

3.  His record is void of any evidence and he has not provided any evidence showing he completed a period of active service of more than 180 days between his date of enlistment and when he was REFRADT on 23 September 1983.
There is no regulatory provision for issuing a DD Form 214 for inactive USAR or ARNG service.

4.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

6.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20130020173





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ABCMR Record of Proceedings (cont)                                         AR20130020173



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