RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 April 2006
      DOCKET NUMBER:  AR20050012605


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request to
correct his DD Form 214 (Certificate of Release or Discharge from Active
Duty) to reflect the date he was discharged from the U. S. Army Reserve
(USAR).

2.  The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel states the applicant enlisted in the USAR for 8 years.  He
performed active duty for training (ADT) and, upon completing his training,
was given a DD Form 214 for the period ending 20 September 1986.  From that
date until September 1993 he served unflinchingly in the USAR, the last two
years in the Individual Ready Reserve (IRR).  The U. S. Army Reserve
Personnel Center (ARPERCEN) sent the applicant a letter discharging him
with an honorable characterization [of service] and indicated in that same
letter that they would be sending a discharge certificate.

2.  Counsel states the only discharge certificate the applicant has
received is the DD Form 214.  No mention is made of his 6 years of faithful
service in the USAR or his 2 years in the IRR.  In order to be hired by
Texas police authorities, the applicant requires a DD Form 214 that
indicates honorable service.  The Board denied his request because he was
outside the 3-year window for correcting his record and because the
interests of justice were not served by correcting the record.

3.  Counsel states the applicant did not find out about this error until he
applied for employment with Texas police authorities, and he applied for
correction of his military records shortly thereafter.  Counsel states the
interests of justice are paramount in this case.  Because his DD Form 214
only indicates his ADT, and not his full 8 years of honorable service, the
applicant is being hamstrung by his service, rather than rewarded.  The
applicant cannot get a job because his real and actual honorable service is
not documented as such.

4.  Counsel provides the applicant's DD Form 214 and his discharge orders.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040007790 on 30 September 2004.
2.  The applicant enlisted in the USAR on 18 September 1985 for 8 years.
He entered initial ADT on 6 June 1986 to attend basic training at Fort Dix,
NJ.  He was reassigned to Fort Eustis, VA for advanced individual training
(AIT) on       10 August 1986.  He completed AIT and was awarded military
occupational specialty 71N (Traffic Management Coordinator).

3.  The applicant was released from ADT on 20 September 1986 and was issued
a DD Form 214 for that period of active duty (3 months and 15 days).  His
DD Form 214 contains the entry, in item 24 (Character of Service), "ENTRY
LEVEL STATUS."

4.  The applicant continued to drill with his unit until 29 October 1991,
when he was transferred to the IRR.  ARPERCEN Orders D-09-378790 dated
           21 September 1993 show he was honorably discharged from the USAR
effective that date.  The orders are annotated "…Discharge certificate and
discharge orders are being mailed to last known address this date, 5
October 1993."

5.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  In pertinent part, it states the DD Form
214 is a synopsis of the Soldier’s most recent period of continuous active
duty.  Reserve component Soldiers completing 90 days or more of continuous
ADT or Active Guard Reserve service, completing a special active duty
training program tour, will receive a DD Form 214.

6.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  In pertinent part, it states that,
unless the reason for separation requires a specific characterization, a
Soldier will be awarded an uncharacterized description of service if in an
entry-level status.  (For USAR and Army National Guard Soldiers ordered to
initial ADT for one continuous period, entry-level status terminates 180
days after beginning training.)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully noted; however, the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  Since it appears the applicant, a Reserve component Soldier,
had only one period of 90 days or more of continuous active duty, he would
not have been authorized to receive another DD Form 214.

2.  The applicant's DD Form 214 also properly reflects a characterization
of service of entry-level status as he was on a continuous period of
initial ADT for less than 180 days.  An uncharacterized discharge is not
meant to be a negative reflection of a Soldier’s military service.  It
merely means the Soldier has not been in the Army long enough for his or
her character of service to be rated as honorable or otherwise.

3.  Counsel's contention that the applicant cannot get a job because his DD
Form 214 only indicates his ADT, and not his full 8 years of honorable
service, has been considered.  However, no Soldier in the applicant's
circumstances would get the relief requested.  The problem is not with the
applicant's DD Form 214; the problem appears to be that the Texas police
authorities evidently do not understand the purpose of the DD Form 214 or
what an entry-level status characterization of service means.

4.  The applicant should provide this Record of Proceedings to any employer
who questions the character of his service during his 8 years with the
USAR, which was fully honorable.

5.  The applicant should have received an Honorable Discharge Certificate
when he was discharged from the USAR in September 1993.  Although his
discharge orders indicate a certificate was forwarded to his last known
address, it appears he did not receive it.  It would be equitable to issue
an Honorable Discharge Certificate to him now.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rld___  __rr____  __jgh___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant partial amendment of the ABCMR’s decision in Docket Number
AR20040007790 dated 30 September 2004.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by issuing him an Honorable Discharge Certificate for his USAR
service ending     21 September 1993.


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
correcting his DD Form     214 to show he was separated on 21 September
1993.




                                  __Robert L. Duecaster_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012605                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060418                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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