IN THE CASE OF:	  

		BOARD DATE:	  	  9 October 2008

		DOCKET NUMBER:  AR20080013205 


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 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 an incorrect entry was made on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provided a copy of his DD Form 214 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 that he enlisted in the New Jersey Army National Guard (NJARNG) on 18 September 1990 for a period of 8 years in the rank/grade of private (PV1)/E-1.  

3.  Item 12a (Date Entered AD this Period) of the applicant’s records show that he entered active duty on 23 November 1990 and completed basic combat training at Fort Jackson, South Carolina.  He subsequently reported to Fort Gordon, Georgia, where he completed advanced individual training (AIT) and was awarded military occupational specialty (MOS) 31K (Combat Signaler).

4.  Item 12b (Date Separated this Period) of the applicant’s DD 214 shows that he was released from active duty on 5 April 1991 and transferred to a NJARNG unit in Jersey City, NJ.  The DD Form 214 also shows he was released in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service, with an “uncharacterized” characterization of service.  Item 12c (Net Active Service This Period) further shows that he completed 4 months and 13 days of active military service.

5.  Order 81-8, Headquarters 78th Division (Training), SGT Joyce Kilmer USAR [U.S. Army Reserve] Center, Edison New Jersey show that the applicant was discharged from the NJARNG and reassigned to the USAR Control Group (Annual Training) on 25 September 1991 by reason of unsatisfactory participation.

6.  Orders D-09-860807, USAR Personnel Command, St. Louis, Missouri, dated 21 September 1998 honorably discharged the applicant from the USAR effective the same date.  

7.  Army Regulation 635-200 (Personnel Separations), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 3 of that regulation 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.



8.  Army Regulation 635-5 also states, in pertinent part, that a DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his character of service should be honorable was carefully reviewed and found to be without merit.

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 Army Board for Correction of Military Records (ABCMR) does not correct 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 relief.

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)                                         AR20080013205



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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