MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002072241

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

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  That her Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show she received an honorable characterization of service.

APPLICANT STATES:  That Civilian Personnel Command (CPOC) will not honor the two months Title 10 duty she performed as a National Guard soldier because her character of service was described as uncharacterized.  She provides her active duty for training (ADT) orders; her release from ADT orders; her DD Form 214; a Statement of Prior Federal Service; and email message traffic between her, CPOC, and her unit concerning this issue as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Army National Guard (ARNG) on 26 December 1984.  She was ordered to ADT, apparently to attend advanced individual training (AIT) in military occupational specialty 71L, under Title 10, U. S. Code with a report    date of 10 March 1985.  She was released from ADT on 10 May 1985.  Her DD Form 214 shows she served on active duty from 10 March – 10 May 1985, for    2 months and 1 day of creditable active service.  Item 24 shows her character of service as uncharacterized.

The applicant was discharged from the ARNG on 8 June 1998 to enlist in the     U. S. Army Reserve (USAR) on 9 June 1998.

Army Regulation 635-200 governs the separation of enlisted personnel.  In pertinent part, it states that Army National Guard of the United States or USAR soldiers who successfully complete a period of initial ADT to which ordered will outprocess per Army Regulation 612-201.  The service of such soldiers who are in an entry-level status will be uncharacterized even though they have completed their initial ADT successfully.  Entry-level status, for ARNG and USAR soldiers, begins upon enlistment in the ARNG or USAR.  It terminates (1) for soldiers ordered to initial ADT for one continuous period – 180 days after beginning training; or (2) for soldiers ordered to initial ADT for the split or alternate training option – 90 days after beginning Phase II (AIT).  (Soldiers completing Phase I (basic or basic combat training) remain in an entry-level status until 90 days after beginning Phase II).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
2.  There is no Government error in this case.  It appears the applicant may have been ordered to initial ADT for the split training option, in which case she would have been considered an entry-level soldier until 90 days after beginning AIT.  Unfortunately, her AIT lasted only 61 days.  Therefore, she was properly given an uncharacterized description of service upon her release from ADT even though she successfully completed the training.

3.  There is no inequity in this case.  Unfortunately, the shortness of the applicant’s AIT has resulted in a hardship in computing civilian employment benefits for her 17 years later; however, all soldiers who similarly received uncharacterized descriptions of service who later found themselves in similar civilian employment circumstances also suffer the same hardship.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __RTD__  __KWL__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002072241	
SUFFIX		
RECON		
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	1985/05/10	
DISCHARGE AUTHORITY	AR 635-200, ch 4 	
DISCHARGE REASON	A04.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.