IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005347 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005347 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was honorably separated on 5 September 1985 upon completion of active duty training. _____________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. IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005347 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 5 September 1985 be corrected to show his service was characterized as honorable instead of "uncharacterized." 2. The applicant states, in effect, he enlisted in the U.S. Army Reserve (USAR) on 26 December 1984 and he reported to training on 23 May 1985. He was released from initial active duty training (IADT) and transferred to his USAR unit on 5 September 1985. He believes his uncharacterized characterization of service was based on him serving less than 180 days. He further states he served on active duty as a commissioned officer from 10 June 1989 to 6 June 2003, and he received an honorable discharge. He is currently a Department of the Army civilian who is trying to correct his creditable military service. The Army Benefits Center will not count his IADT as creditable military service time unless the characterization of his service is changed to honorable. He claims he risks losing 3 months and 11 days of creditable military service towards his federal retirement. 3. The applicant provides two DD Forms 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. The applicant's records show he enlisted in the USAR on 26 December 1984 for a period of 8 years. On 23 May 1985, he was ordered to active duty training at Fort Leonard Wood, MO, for completion of basic combat and advanced individual training. He was awarded a military occupational specialty (MOS). He was released from IADT on 5 September 1985. 3. Item 8 (Station Where Separated) of his DD Form 214 for the period ending 5 September 1985 shows he was separated from Fort Leonard Wood, MO. This form also shows he was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of expiration term of service with an uncharacterized character of service. He completed 3 months and 13 days of active service during this period, had no prior active service, and had 4 months and 27 days of prior inactive service. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time of the applicant's separation from ADT, provides the basic authority for the separation of enlisted personnel. Chapter 3 (Character of Service/Description of Separation), paragraph 3-7a states an honorable characterization may be awarded to a Soldier upon completion of his or her period of enlistment or period for which called to active duty or ADT, or where required under specific reasons for separation, unless an entry level status separation (uncharacterized) is warranted. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The separation document provides the individual with a complete and accurate documentary evidence of their military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. DISCUSSION: The evidence of record shows the applicant, a member of the USAR, initially entered ADT on 23 May 1985 and was released on 5 September 1985. He was issued a DD Form 214 showing he completed 3 months and 13 days of active duty service and was awarded an MOS. As he was called to ADT and successfully completed training, by regulation his separation from ADT should be honorable. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005347 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005347 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2