IN THE CASE OF: BOARD DATE: 14 April 2009 DOCKET NUMBER: AR20080019885 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, in effect, that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “uncharacterized” to “honorable.” 2. The applicant states, in effect, that he served honorably from 1988 until 1996, but for some reason, his DD Form 214 lists his character of service as unknown. He adds that he needs his DD Form 214 corrected so he can submit the form to the Department of Veterans Affairs. 3. The applicant provided a copy of his DD Form 214, dated 17 November 1988; a copy of Orders D-04-637643, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, on 23 April 1996; and a copy of Orders 148-45, issued by the 88th Regional Readiness Command, Fort Snelling, MN, in support of his application. 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 U.S. Army Reserve for a period of 8 years on 22 April 1988. He was subsequently assigned to Company B, 972nd Engineer Battalion, Terre Haute, IN. 3. The applicant's records further show he was ordered to active duty for training (ADT) on 11 August 1988. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer). He was released from ADT to the control of his USAR unit on 17 November 1988. 4. The DD Form 214 he was issued at the time of release from ADT shows he completed 3 months and 7 days of active service. Item 24 (Character of Service) of this form shows the entry "Uncharacterized." 5. The applicant's records do not show any other period of active duty. 6. On 23 April 1996, the applicant was honorably discharged from the U.S. Army Reserve by reason of completing his military service obligation. 7. Army Regulation (AR) 635-200 (Personnel Separations) set forth the basic authority for the separation of enlisted personnel. Chapter 3 of the regulation in effect at the time describes the different types of characterization of service. It states in pertinent part that an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. Entry level status begins on enlistment in the Army National Guard or the U.S. Army Reserve, for Soldiers ordered to initial ADT for one continuous period, and ends 180 days after beginning training. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the characterization of service on his DD Form 214 should be changed from “uncharacterized” to “honorable.” 2. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army. 3. The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory." It simply means the Soldier did not serve long enough to qualify for a specified characterization of service. 4. The ABCMR does not change records solely for the purpose of establishing eligibility for other programs or benefits. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement in this case. Therefore, he is not entitled to the relief requested. 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) AR20080019885 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019885 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1