BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140016364 


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:

* his characterization of service be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 November 1996
* his reentry (RE) code on National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be upgraded from RE-3
* his rank/pay grade be shown as specialist four (SPC)/pay grade E-4 on his NGB Form 22 with a separation date of 1 November 1998 
* his award of the Marksman Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214 and NGB Forms 22

2.  The applicant states:

* he enlisted in the Army National Guard (ARNG) in 1994 but he became ill prior to attending basic training and could not go at the time directed
* when he became physically able to go on active duty he did and completed training in 1996
* he should have received an honorable characterization of service not uncharacterized service
* much of the information, including the rank/pay grade, utilized for the completion of his separation documents was from another Soldier's records as noted by the DA Form 4187 (Personnel Action) in his records
* his final rank was SPC/E-4 not private first class (PFC)/(E-3)
* he utilized his educational benefits between 1997 and 1999 to attend college and took Reserve Officer Candidate Training (ROTC) classes with the hope of receiving a commission but the RE-3 on his NGB Form 22 prevented this
* he did not have to reenlist before going to inactive duty training
* he fulfilled his original period of obligated service and received an Honorable Discharge Certificate in 2003

3.  The applicant provides a 2-page personal statement and a DA Form 4187 as evidence to support his application.

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 7 January 1994, the applicant enlisted in the Oklahoma Army National Guard (OKARNG) for six years.  He signed Annex D, DD Form 4 (Delayed Training Option) which stated the applicant must enter initial active duty for training (IADT) at an active duty military installation lasting 12 continuous weeks within 360 days from the date of his enlistment.  He indicated he understood that no exceptions to a delay beyond 360 days were authorized and that he would be discharged from the ARNG and the Reserve of the Army for lack of compliance with training.  

3.  On 25 January 1995, his unit commander initiated action to separate the applicant from the OKARNG because he failed to attend IADT on three occasions as required by his enlistment contract.  In the commander's memorandum, he stated the applicant had informed him on 18 November 1994 that he no longer wished to be a member of the OKARNG.  On 3 January 1995, the applicant again informed his commander he did not want to be in the OKARNG and would not ship to IADT.  Based on his lack of attendance at IADT within the first 360 days of his enlistment contract, the commander recommended separation with uncharacterized service. 
4.  The separation authority approved the request for separation on 9 March 1995.  Accordingly, the applicant was discharged on 20 March 1995, thereby generating an NGB Form 22 effective that date.  The cited authority was National Guard Regulation (NGR) 600-200, paragraph 8-26n (entry level status).  He was discharged in the rank/pay grade private one (PV1)/ E-1.  He received a character of service of "uncharacterized" and an RE code of "3."  

5.  On 24 May 1996, the applicant enlisted in the OKARNG for a period of 7 years. 

6.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows: 

* enlistment in the ARNG on 24 May 1996
* entry onto IADT on 9 July 1996
* completion of training with award of the military occupational specialty 92Y (Unit Supply Specialist)
* award of the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar 
* release from active duty with transfer to his OKARNG unit  

7.  On 5 November 1996, he was issued a DD Form 214 upon the completion of IADT that shows:

* rank and pay grade – PV1, E-1
* service on active duty from 8 July 1996 through 5 November 1996
* net active service this period of 3 months and 28 days
* a Reserve service obligation through 9 March 2003
* award of the Army Service Ribbon
* type of separation – release from active duty
* characterization of service – uncharacterized
* reenlistment eligibility – "NA" [not applicable]

8.  The applicant was advanced to PFC (E-3) in the ARNG effective 12 August 1997.  The available records do not show any other advancement.

9.  An 8 July 1998 memorandum states that a Medical Duty Review Board issued the applicant a temporary profile for epilepsy.  The profile was to extend until 30 September 1998 at which time an additional review was to determine his retainability.



10.  A NGB Form 22 with a separation date of 5 November 1996 shows the following:

* separation from the Oregon ARNG
* period of service – 24 May 1996 through 1 November 1998
* rank/pay grade – PFC E-3
* reason and authority – National Guard Regulation 600-200, paragraph 8-26j(I), medically unfit for retention standards
* characterization of service – honorable
* reenlistment eligibility – RE 3

11.  The applicant provided a DA Form 4187 that pertains to his transfer from one unit to another.  It notes that another Soldier was in the gaining position and that a separate DA Form 4187 was included in a batch transmittal moving that Soldier to another duty assignment.  The applicant's rank is shown as a private two (PV2)/pay grade E-2.

12.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states an RE code is not to be upgraded unless it was administratively incorrect when originally issued.  Individuals with an RE code of "3" can normally reenlist but require a waiver to be processed.  Reserve and ARNG Soldiers completing IADT will not receive an RE code.

13.  Army Regulation 635-5 (Separation Documents), at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

14.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), sets forth policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  It states, in effect, that only an honorable characterization may be awarded a Soldier called or ordered to active duty or active duty for training unless otherwise specified by this regulation such as for misconduct or a voided enlistment contract. 

15.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), sets forth the policy and procedures for the ABCMR.  

   a.  Paragraph 2-8 provides that the staff may return an application without action if it is not completed and signed, if all other administrative remedies have not been exhausted, if the Board lacks jurisdiction to grant the requested relief or if no new evidence is submitted with a request for reconsideration.  
   
   b.  Paragraph 2-9, the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The service in the ARNG and the entries on the applicant's NGB Forms 22 are the responsibility of the respective States that issued them; as such correction to these documents is not under the jurisdiction of the Department of the Army.  The ABCMR does not have the authority to correct any errors on the NGB Forms 22 or in his ARNG records.  Corrections to his ARNG records should be addressed to the respective State Adjutant General's Office.  Therefore, the issues that pertain to the applicant's ARNG records will not be addressed further except as they have bearing on any correction to his Federal records.  

2.  A DD Form 214 is a static document, a snapshot of a service member's service as it was at the time the form was issued.  Any action, such as a promotion, that occurred after the date the DD Form 214 was issued cannot be included on that form. 

3.  USAR/ARNG Soldiers released from active duty training upon the completion of their required active duty service should receive an honorable characterization of service provided there are no mitigating factors that would warrant a separation for misconduct.  As the applicant successfully completed IADT and was awarded an MOS, he is entitled to a correction of his DD Form 214 with a separation date of 5 November 1996 to show his service as honorable.    

4.  USAR/ARNG Soldiers who complete IADT and are transferred to their home units are not separated from the service and as such do not receive an RE code.

5.  The applicant qualified and was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar during his period of IADT.  This badge was not included on his DD Form 214.  It would be appropriate to correct this oversight.

6.  With the exception of the marksmanship badge omission and his active duty characterization of service, the applicant has not provided and the record does not contain any evidence to warrant correcting his rank on his DD Form 214. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ____X____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing, on the 5 November 1996 DD Form 214, that his awards also include the Marksman Marksmanship Qualification Badge with Rifle Bar and that his service was honorable.

2.  The Board further determined that 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 any further corrections to his DD Form 214 issued on 5 November 1996.   



      _______ _   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)                                         AR20140016364



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ABCMR Record of Proceedings (cont)                                         AR20140016364



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