BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130012216 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his characterization as honorable.

2.  The applicant states his DD Form 214 shows his service during active duty training (ADT) was uncharacterized and should have been characterized as honorable because he completed his training without incident and returned to his U.S. Army Reserve (USAR) unit.

3.  The applicant provides a copy of his 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.  On 8 June 1989, the applicant enlisted in the USAR for a period of 8 years.  He was ordered to initial ADT (IADT) on 25 July 1989 and was transferred to Fort Dix, New Jersey where he completed his one-station unit training as a motor transport operator.

3.  His DD Form 214 shows, on 30 November 1989, he was released from IADT and returned to his USAR unit.  He had served 4 months and 6 days of active service, which was uncharacterized. 

4.  On 17 June 1997, he was honorably discharged from the USAR.

5.  Army Regulation 635-200 provides the policies and procedures for the separation of enlisted personnel.  Paragraph 4-2, in effect at the time, provides in pertinent part that Army National Guard and USAR Soldiers who successfully complete a period of IADT while in an entry level status (180 days or less) will have uncharacterized service even though they completed their IADT successfully.  That regulation also defines entry level status for USAR Soldiers as 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service should be characterized as honorable instead of being uncharacterized has been noted and appears to lack merit.

2.  The applicable regulations provide that Reserve Component Soldiers who complete their IADT within 180 days or less will have their service characterized as “Uncharacterized.”  Therefore, the applicant’s DD Form 214 was correctly prepared and there is no error or injustice in his case.  To grant the applicant’s request would afford him a benefit not afforded to other Soldiers in similar circumstances.

3.  Accordingly, he is not entitled to have his service characterized as honorable.

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 that 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)                                         AR20130012216



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ABCMR Record of Proceedings (cont)                                         AR20130012216



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