IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140008059 


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 block 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active) to show a date in 2014 and correction of block 23 (Type of Separation) of his DD Form 214 to show a different entry.

2.  The applicant states he was told in 2010 that his Reserve obligation was extended to 2014.

3.  The applicant provides a DD Form 214 and a DD Form 215 (Correction to 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 Illinois Army National Guard (ILARNG) on 1 September 2004 for a period of 8 years.  He entered initial active duty for training (IADT) on 19 October 2004.

3.  In an undated memorandum, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11 (Entry Level Performance and Conduct).  His commander cited the applicant's lack of aptitude and adjustment disorder as the specific reason for the proposed separation.

4.  On 18 November 2004, he was advised of the basis for the contemplated action to separate him for entry-level performance and conduct under the provisions of Army Regulation 635-200, chapter 11, and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He waived representation by legal counsel and elected not to submit a statement in his own behalf.

5.  On 18 November 2004, the appropriate authority approved the separation.  On 1 December 2004, he was discharged accordingly.  Block 6 of his DD Form 214 shows his Reserve obligation termination date as 31 August 2012. 
The DD Form 214 shows his type of separation as "Release from Active Duty Training and Discharge from the Reserve of the Army and Return to ARNG."

6.  ILARNG Orders 346-015, dated 11 December 2004, directed his discharge from the ARNG and as a Reserve of the Army effective 1 December 2004.

7.  On 30 October 2012, the ILARNG issued him a DD Form 215 which amended his DD Form 214 to show the entry "00  00  00" in block 6, meaning no additional military service obligation (MSO).

8.  The applicant's records are void of documentation indicating his MSO was extended to 2014.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applies to individuals who demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self discipline for military service; or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applies to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.

10.  Army Regulation 635-200, paragraph 1-11 (Separation Orders), provides that an ARNG Soldier who is being separated for any reason for which a Regular Army Soldier would be discharged will be discharged from his/her Reserve of the Army status.  The Soldier will be returned to the appropriate State National Guard authorities for discharge from the ARNG.

11.  Army Regulation 135-91 (ARNG and Army Reserve Service Obligations, Methods of Fulfillment, Participation, Requirements, and Enforcement Procedures), chapter 2 (Service Obligation), provides that the statutory MSO is incurred on initial entry into the Armed Forces, whether by induction, enlistment, or appointment.  On and after 1 June 1984, all Soldiers incurred an 8-year statutory MSO.  The statutory obligation can be terminated by the Army prior to its fulfillment.  Separation due to discharge, dismissal, or being dropped from the rolls of the Army terminates a Soldier's statutory obligation.

12.  Army Regulation 635-5 (Separations Documents), in effect at the time, 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 preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  The regulation provided that the entry in block 6 would be the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  For a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "00  00  00."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his Reserve service obligation date as 2014 and to show a different type of separation was carefully considered.

2.  The evidence shows the applicant, an ARNG member on IADT, was released from IADT under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct.  In accordance with the governing regulation, he was also discharged from the Reserve of the Army and returned to the ARNG for further disposition.  Therefore, the type of discharge recorded on his DD Form 214 is correct as currently shown.

3.  The evidence also shows he was discharged from the ARNG effective 1 December 2004.  As a result, his MSO was terminated effective that date.  Therefore, the DD Form 215 he was issued which amended his DD Form 214 to show he did not have a statutory MSO was correctly issued.

4.  There is no evidence of error or injustice in this case.  Therefore, there is no basis to grant the 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 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)                                         AR20140008059



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ABCMR Record of Proceedings (cont)                                         AR20140008059



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