IN THE CASE OF:	  

		BOARD DATE:	    22 May 2014

		DOCKET NUMBER:  AR20130016930 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 14 July 1989 be corrected to show his service was characterized as honorable versus "uncharacterized."

2.  He states he completed basic and advanced individual training without any issues which would qualify his service to be listed as honorable.  

3.  He provides:

* DD Form 214
* Four Certificates of Achievement and a Certificate of Training
* Diploma
* Permanent Orders 52-1, dated 25 April 1989
* Permanent Order 089-029, dated 1 May 1989

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 records show he enlisted in the Army National Guard (ARNG) on 23 December 1988.  On 7 February 1989, he was ordered to active duty at Fort Dix, NJ for completion of basic training and he was subsequently assigned to Fort Eustis, VA for completion of advanced individual training.  He was released from initial active duty for training (IADT) on 14 July 1989 by reason of relief from ADT with an uncharacterized character of service and transferred to his ARNG unit.  He completed 5 months and 8 days of active service during this period, had no prior active service, and he had 1 month and 14 days of prior inactive service.

3.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic authority for separation of enlisted personnel.  Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training.  Specifically, individuals of the ARNG ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed IADT.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was properly released from active duty.  An uncharacterized separation carries no stigma.  It simply means the Soldier has not served the requisite amount of time to warrant a characterization of service.

2.  The evidence of record shows he initially entered active duty on 7 February 1989 and he was released from IADT on 14 July 1989 after completing 5 months and 8 days of active duty service.  This period of service was less than 180 days (6 months); therefore, he was issued a DD Form 214 that shows this period of service as uncharacterized.

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

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)                                         AR20130016930



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ABCMR Record of Proceedings (cont)                                         AR20130016930



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