IN THE CASE OF:  	  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140012884 


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, in effect, correction of item 12d (Total Prior Active Service) and item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* his DD Form 214 does not show all his active service
* he only received credit/time for advanced individual training (AIT)
* his active service should include his service during basic training
* his DD Form 214 is missing approximately 3 months of active service
* this error is causing him to have an incorrect "discharge type," thus robbing him of appropriate benefits

3.  The applicant provides:

* two applications
* one page of his DA Form 2-1 (Personnel Qualification Record – Part II)
* 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's request to correct item 24 of his DD Form 214 was addressed by separate correspondence.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve on 19 April 1991 for 8 years.  He was ordered to active duty for:

* basic training on 14 June 1991 (approximately 8 weeks)
* AIT on 6 July 1992

4.  In August 1992, nonjudicial punishment (NJP) was imposed against him for failing to obey a lawful order (smoking in the latrine).

5.  He was counseled for:

* consumption of alcoholic beverages and tobacco cessation
* using indecent language and sexual harassment towards a female Soldier
* smoking cigarettes
* academic turn-back
* failing to adapt to the military environment 

6.  Discharge proceedings were initiated on 29 September 1992 and the unit commander cited his failure to meet physical fitness requirements and failure to adapt sociologically.  On 29 October 1992, the separation authority approved the recommendation for discharge.

7.  On 3 November 1992, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, by reason of entry-level status performance and conduct.  He completed 3 months and 28 days of creditable active service.  His service was uncharacterized.

8.  Item 12d of his DD Form 214 shows the entry "0000  00  00."

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 applied to individuals who had demonstrated that 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 applied 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.  The regulation required an uncharacterized description of service for separation under this chapter.

10.  Army Regulation 635-5 (Separation 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.  It stated to enter the total amount of prior active military service less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 is missing 3 months of active duty service for basic training.  However, the duration of standard basic training was 8 weeks (2 months) at that time.

2.  Based on the foregoing evidence, item 12d of his DD Form 214 should be corrected to show he completed 2 months of prior active duty service.

3.  He also implies that his type of discharge is incorrect due to the missing basic training service from his DD Form 214.  However, his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reasons were therefore appropriate considering all the facts of the case.

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 deleting the current entry in item 12d of his DD Form 214 and replacing it with the entry "0000  02  00."

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 amending item 12d of his DD Form 214 to show he completed 3 months of prior active service.



      _______ _   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)                                         AR20140012884



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ABCMR Record of Proceedings (cont)                                         AR20140012884



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