RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20080001701 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his uncharacterized discharge be changed to an honorable discharge.  

2.  The applicant states, in effect, that there were no disciplinary actions taken against him to warrant less than an honorable discharge.  He also states that his uncharacterized discharge adversely affects his ability to gain the proper security clearance, it is a hindrance to his military career, and it tarnishes his otherwise respectable military record.  He further states that many prospective employers question why the discharge was anything other than honorable, which also hinders his civilian career.  The applicant concludes by asserting he was not properly counseled on the type of discharge when he signed the document.

3.  The applicant provides no additional documentary evidence 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 military service records show that he enlisted in the Army National Guard (ARNG) of the United States for a period of 8 years and entered the Maryland (MD) ARNG on 23 January 1999.

3.  The applicant’s military service records contain a DA Form 87 (Certificate of Training) that shows the applicant attended and successfully completed One Station Unit Training (OSUT), Combat Engineer Training, Military Occupational Specialty (MOS) 12B, during the period 16 July 1999 to 21 October 1999.


4.  The applicant’s military service records contain a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the applicant entered active duty on 8 July 1999, completed the 14-week Combat Engineer course in 1999, and was awarded primary MOS 12B1O (Combat Engineer).  This document also shows the applicant was released from active duty training based on completion of required active service, effective 21 October 1999.  The
DD Form 214 confirms that the applicant was separated under the provisions of Army Regulation 635-200, Chapter 4, based upon completion of required active service, the Separation Code issued was “MBK” and character of service was “uncharacterized.”  This document also shows that, at the time of his separation, the applicant completed 3 months and 14 days net active service during this period and had completed 5 months and 15 days total prior inactive service.

5.  The applicant’s military service records show he was transferred to Company A, 169th Engineer Battalion, and continued to serve in the MD ARNG.

6.  The applicant’s military service records contain a copy of a DD Form 214 that shows the applicant was ordered to active duty, on 3 May 2003, in support of Operation Noble Eagle in response to the World Trade Center and Pentagon attacks.  This document also shows the applicant was released from active duty based on completion of required active service, effective 26 May 2004.  The
DD Form 214 confirms that the applicant was separated under the provisions of Army Regulation 635-200, Chapter 4, based upon completion of required active service, the Separation Code issued was “LBK” and character of service was “honorable.”  This document also shows that, at the time of his separation, the applicant completed 1 year and 24 days net active service during this period;
3 months and 14 days total prior active service; and 3 years, 11 months, and
26 days total prior inactive service.  

7.  The applicant’s military service records contain a copy of a NGB Form 22 (Report of Separation and Record of Service) that shows the applicant was honorably separated from the MD ARNG, in the rank of sergeant/pay grade E-5, effective 18 September 2006.  Item 13 (Primary Specialty Number, Title, and Date Awarded) shows that MOS 21B2O (Combat Engineer) was awarded as his primary MOS, effective 21 October 1999.  This document also shows he was awarded the Army Achievement Medal (2nd Award), National Defense Service Medal, Global War on Terrorism Service Medal, Armed Forces Service Medal, and Army Service Ribbon.  This document confirms that the applicant was separated under the provisions of National Guard Regulation 635-200, Chapter 8, paragraph 26(a)(2), based on his enlistment into another Component.  This document also shows that, at the time of his separation, the applicant completed 7 years, 7 months, and 26 days net service this period and was credited with
7 years, 7 months, and 26 days total service for pay.  Item 17 (Personnel Security Investigation), block a (Type) and block b (Investigation), show that a National Agency Check (NAC) was completed on the applicant and that he was granted a Secret security clearance on 25 August 2003.  

8.  On 31 August 2006, the applicant submitted an application to the Army Discharge Review Board (ADRB) requesting that his uncharacterized discharge be changed to an honorable discharge.  On 5 November 2007, the ADRB notified the applicant that the Board determined the applicant’s discharge was proper and equitable and directed no change in the character of service.

9.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time of the applicant's separation from active duty on 21 October 1999, prescribed policies and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  Chapter 2 (Separation of Enlisted Personnel) provides that a Soldier enlisted or ordered to active duty normally will be discharged or released from active duty on the date upon which he completes the period for which enlisted or ordered to active duty.

10.  Army Regulation 635-200, Chapter 3 (Character of Service/Description of Separation), Section II (Types of Characterization or Description), paragraph
3-4 (Types authorized), provides that the following types of characterization of service or description of separation are authorized: (1) separation with characterization of service as honorable, general (under honorable conditions), or under other than honorable conditions; (2) entry level status (service will be uncharacterized), except as provided in paragraph 3-9a; (3) order of release from the custody and control of the Army by reason of void enlistment or induction; and (4) separation by being dropped from the rolls of the Army.  The types of separation will be used in appropriate circumstances unless limited by the reason for separation.

11.  Army Regulation 635-200, paragraph 3-7 (Types of administrative discharges/character of service), provides, in pertinent part, 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.  This paragraph also provides that only the honorable characterization may be awarded a Soldier upon completion of his or her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry level status separation (uncharacterized) is warranted.

12.  Army Regulation 635-200, paragraph 3-9 (Uncharacterized separations), provides, in pertinent part, that a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status.  This document provides that for Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers ordered to initial active duty training/active duty training (IADT/ADT), entry-level status terminates 180 days after the beginning of training.

13.  Army Regulation 635-200, Chapter 4 (Separation for Expiration of Service Obligation), paragraph 4-1 (Policy), provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.  Paragraph 4-2 (Discharge or release form active duty upon termination of enlistment, and other periods of active duty or active duty for training), provides, in pertinent part, that ARNG and USAR Soldiers who successfully complete a period of IADT to which ordered, will out-process per Army Regulation 612-201.  The service of Soldiers specified in this paragraph who are in entry level status will be uncharacterized, even though they have completed their IADT successfully (see paragraph 3-9).

14  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “MBK” as the appropriate codes to assign enlisted Soldiers released from active duty training under the provisions of Army Regulation 635-200, Chapter 4, based upon completion of required active service.  It is also to be used for ARNG or USAR Soldiers released from active duty upon completion of required active service or period of which ordered to active duty.  

15.  Department of the Army Pamphlet (DA PAM) 611-21 (Military Occupational Classification and Structure), in pertinent part, provides the major duties, physical demands, and qualifications required for award of MOS 21B (previously designated MOS 12B), Combat Engineer.  There is no requirement for a Soldier to qualify for, or possess, a security clearance in order to be awarded the MOS.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his uncharacterized discharge should be changed to an honorable discharge because there were no disciplinary actions taken against him to warrant a discharge less than honorable, his uncharacterized discharge adversely affects his ability to gain the proper security clearance, tarnishes his military record, and hinders both his military and civilian careers.

2.  The evidence or record shows that there is no security clearance requirement for enlisted Soldiers in order to qualify for award of MOS 21B (Combat Engineer). The evidence of record also shows that the applicant was granted a Secret clearance on 25 August 2003 and that he held the clearance at the time of his honorable separation from the MD ARNG on 18 September 2006.  Thus, the evidence of record refutes the applicant’s claim that his uncharacterized service adversely affects his ability to gain the proper security clearance.

3.  The evidence or record shows that during the period of his military service in the MD ARNG, the applicant attained the rank of sergeant/pay grade E-5 and also received 2 awards of the Army Achievement Medal.  Thus, the evidence of record refutes the applicant’s claim that his uncharacterized service tarnishes his record and hinders his military career.  In addition, the applicant provides insufficient evidence to support his claim that his uncharacterized service hinders his civilian career.

4.  The evidence of record shows that a separation will be described as an entry level separation with service uncharacterized, if processing is initiated while a Soldier is in entry level status (i.e., less than 180 days from the beginning of initial active duty training).  The evidence of record also shows that the applicant was released from active duty upon completion of his initial active duty training and credited with 3 months and 14 days (i.e., 104 days) net active service during this period.  Thus, the evidence of record confirms the applicant was in an entry level status and his character of service is correctly recorded “uncharacterized” on his DD Form 214.  Therefore, the applicant is not entitled to correction of the character of service recorded on his discharge document, with an effective date of 21 October 1999.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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


ABCMR Record of Proceedings (cont)                                         AR20080001701



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508