IN THE CASE OF:	 

		BOARD DATE:	 10 July 2014 

		DOCKET NUMBER:  AR20130020437 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the National Defense Service Medal (NDSM) and to show the character of his service as honorable.

2.  The applicant states he was awarded the NDSM while in training but the award is not shown on his DD Form 214.

3.  The applicant provides a 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 28 January 1991. He was ordered to initial active duty for training (IADT) with a report date of 
11 February 1991.  

3.  A DD Form 214 shows he was released from IADT on 21 June 1991.  The DD Form 214 further shows he completed 4 months and 11 days of active service and the character of his service as "uncharacterized."  

4.  No additional DD Forms 214 were located in the applicant's available military records.  

5.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for any period of honorable active service between 2 August 1990 and 30 November 1995.  Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the USAR who were part of the Selected Reserve in good standing during this period.  Members of other than the Selected Reserve who were called to active duty were also eligible.

6.  Enclosure 3 of Department of Defense (DOD) Manual Number 1348.33 - Volume 2, subject:  Manual of Military Decorations and Awards: DOD Service Awards – Campaign, Expeditionary, and Service Medals, provides eligibility requirements for DOD campaign, expeditionary, and service medals.  Paragraph 14c(1)(a) states the NDSM is authorized to anyone who serves on active duty in the U.S. Military during the authorized time periods.  For service during the Gulf War, it is also authorized for Reserve Component members provided they are military reservists in good standing.  This implies that a reservist must be in a drill status and also be participating in regular annual training.  

7.  Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time of the applicant's release from IADT, provided in paragraph 
3-9 that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when:

	a.  Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.  

	b.  The Secretary of the Army, on a case by case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority.  
8.  Entry-level status is defined as the first 180 days of continuous active service.

9.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the NDSM and to show the character of his service as honorable instead of uncharacterized has been carefully considered.

2.  The period of service covered by his DD Form 214 was performed during his IADT and not while in a drilling status or during regular annual training.  Therefore, this period of service does not qualify for award of the NDSM.  Although he might be authorized the NDSM for other service performed subsequent to IADT, the NDSM would not be recorded on his DD Form 214 given that the service would have been performed outside of the period covered by the DD Form 214.  Therefore, there is no basis to correct his DD Form 214 by adding the NDSM.

3.  The evidence of record confirms he served 4 months and 11 days of active service while attending IADT.  Therefore, he was released from active duty while he was in an entry-level status.  As a result, his service was appropriately described as "uncharacterized" in accordance with the governing regulation at the time.

4.  For the applicant's information, 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.

5.  Based on the foregoing, there is no basis to grant the applicant's requested relief.

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)                                         AR20130020437



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ABCMR Record of Proceedings (cont)                                         AR20130020437



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