IN THE CASE OF:  
	  

		BOARD DATE:  2 April 2015	  

		DOCKET NUMBER:  AR20140012672 


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 her records to show her character of service as honorable instead of entry level status.  She also request correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* her rank/grade as sergeant (SGT)/E-5 instead of private (PV2)/E-2
* her pay grade as E-5 instead of E-2
* award of the Army Good Conduct Medal and Army Reserve Components Overseas Training Ribbon
* completion of the Reserve Component Noncommissioned Officers Primary Leadership Development Course and the Front Line Retention Leadership Program
* her total Reserve service as over 7 years

2.  The applicant states: 

* she served in the U.S. Army Reserve (USAR) for over 7 years and received the Army Good Conduct Medal, but her DD Form 214 has her character of service as entry-level status
* she is not able to receive a veterans' license plate

3.  The applicant provides:

* DD Form 214
* letter of commendation, dated 30 September 1989
* summary of military status, schooling, and achievements

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 has not exhausted all administrative remedies available to her.  There is no evidence she submitted her request for changing her entry-level status (uncharacterized service) to the Commander, U.S. Army Human Resources Command, Human Resources Services Center (AHRC-PDR-V), 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY  40122-5402.  Therefore, this issue will not be discussed further in this Record of Proceedings.  The applicant is advised that should her request not be resolved to her satisfaction and she still feels that an error or injustice exists, she may resubmit her application to this Board, including evidence of the denial of her request for administrative correction of her records.

3.  The applicant enlisted in the USAR on 16 March 1985 under the Split Training Program.

4.  She completed basic training during the period 27 May 1985 through 26 July 1985.  She was not issued a DD Form 214 for this period.

5.  On 5 June 1986, she was again ordered to initial active duty for training (IADT).

6.  On 23 August 1986, she was released from IADT and returned to her USAR unit.  Her DD Form 214 shows she completed 2 months and 19 days of creditable active service.  Her DD Form 214 also shows in:

* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) – 31K1O Combat Signaler//Nothing Follows


* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

* item 14 (Military Education) – Combat Signaler Course, 9 weeks, August 1986
* item 23 (Type of Separation) – Relief from Active Duty for Training
* item 24 (Character of Service) – Entry Level Status
* item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4
* item 28 (Narrative Reason for Separation) – Expiration of Term of Service

7.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she was awarded or authorized the:

* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon (2nd Award)
* Army Reserve Components Achievement Medal
* Noncommissioned Officer Professional Development Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Her DA Form 1059 (Service School Academic Evaluation Report), dated 30 January 1988, shows she completed Primary Leadership Development Course during the period 16 January 1988 through 30 January 1988.

9.  Headquarters, 167th Support Group, Order 19-5, dated 7 September 1989, shows she was promoted to SGT effective 7 September 1989.

10.  Records show she completed the Front Line Retention Leadership Program during the period 10 March 1990 through 11 March 1990.

11.  On 16 March 1993, she was honorably discharged from the USAR.

12.  The applicant provided a letter of commendation, dated 30 September 1989, that shows she participated in Northern Viking 89, a joint service exercise conducted during the period 17 June 1989 through 1 July 1989 at Keflavic Naval Air Station, Iceland.  She also provided a summary of her military schools and achievements.

13.  The applicant's records are void of and she failed to provide any evidence showing she served 90 days or more of continuous active duty training, full-time training duty, or active duty support after her release from IADT on 23 August 1986.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  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 duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Personnel included were members of the USAR separated:

	a.  after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support, or

	b.  after completing IADT which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant completed IADT during the period 5 June through 23 August 1986.  She was issued a DD Form 214 for this period in accordance with the governing regulations in effect at the time.

2.  Although the evidence of record shows she subsequently completed the requested courses and received the requested promotion, awards, and character of service, her records are void of and she failed to provide any evidence showing she served 90 days or more of continuous active duty for training, full-time training duty, or active duty support after her release from IADT, the period covered by her DD Form 214.  In accordance with the governing regulations in effect at the time, she would not have been issued another DD Form 214 upon her honorable discharge from the USAR on 16 March 1993.

3.  In view of the above evidence, there is no basis for granting 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)                                         AR20140012672



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ABCMR Record of Proceedings (cont)                                         AR20140012672



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