RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060001134


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the characterization of his
service be upgraded from uncharacterized to honorable.

2.  The applicant states, in effect, that he was on active duty when his
spouse was home sick carrying his first child and he needed to go home to
care for her.  At that time, he was unaware of "uncharacterized" on
discharges.  His child was born 2 months early and weighed only four
pounds.  She remained in the hospital for months and still has problems to
this day.  He also states that he did not know what to do, but knew he had
to come home and care for his family.  He has an opportunity to obtain a
job with the US Postal Service but is unable to until he gets his
discharged changed from uncharacterized to honorable.  This job would allow
him to take better care of his family.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 20 February 1986, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 6 January 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he enlisted in the U. S. Army
Reserve (USAR) on 12 June 1985, in the pay grade of E-1, for 8 years, with
an established expiration of term of service (ETS) of 11 June 1993.  He
enlisted in the Regular Army and entered active duty on 8 October 1985, for
training as a construction equipment repairer (62B).




4.  All the documents containing the facts and circumstances surrounding
the applicant's release from active duty are not present in the available
records.  However, the applicant submitted a copy of his DD Form 214 which
shows that on 20 February 1986, he was released from active duty under the
provisions of Army Regulation 635-200, chapter 11, with his service
characterized as uncharacterized.  He had completed 4 months and 13 days of
creditable service by the date of his release from active duty.  He was
transferred to the USAR Control Group (Annual Training).

5.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 11, of the regulation, in effect
at the time, provided, for the separation of personnel due to
unsatisfactory performance, conduct, or both, while in an entry level
status. This provision of regulation applied to individuals who had
demonstrated that they were not qualified for retention because they could
not adapt socially or emotionally to military life, or because
they lacked the aptitude, ability, motivation or self discipline for
military service, or that they had demonstrated characteristics not
compatible with satisfactory continued service.  The separation policy also
applies to Soldiers who could not meet the minimum standards prescribed for
successful completion of training because of lack of aptitude, ability,
motivation, or self-discipline.  The regulation states that a Soldier is in
an entry level status if the Soldier has not completed more than 180 days
of creditable continuous active duty prior to the initiation of separation
action.  The Soldier’s service is uncharacterized when separated under this
chapter.

6.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier's separation specifically allows such
characterization.

7.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to
benefits provided by law.  The honorable characterization is appropriate
when the quality of the member’s service generally has met the standards
of acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.  Whenever there is doubt, it is to be resolved in favor of
the individual.



DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that
the applicant's administrative separation was accomplished in compliance
with applicable regulations, with no procedural errors, which would tend to
jeopardize his rights.

2.  The applicant's record is void of facts and circumstances concerning
the events that led to his release from the Army prior to the expiration of
his term of service.

3.  The applicant's contentions are noted; however, there is no evidence,
and the applicant has provided none, to support his contentions that his
wife was carrying their first child, she was sick, and needed him to care
for her.

4.  The applicant's desire to have his uncharacterized entry level
separation upgraded to honorable, in order to obtain a job with the US
Postal Service, is acknowledged; however, the Board does not grant relief
solely for the purpose of an applicant obtaining better employment
opportunities.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 February 1989.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  __DWT__  __WFC_  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___William F. Crain______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001134                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |UNCHAR                                  |
|DATE OF DISCHARGE       |19861220                                |
|DISCHARGE AUTHORITY     |AR  635-200, chap 11-3a. . . . .        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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