IN THE CASE OF:
BOARD DATE: 29 JANUARY 2009
DOCKET NUMBER: AR20080018367
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 his uncharacterized discharge be upgraded to an honorable discharge.
2. The applicant states that at the time of his discharge he was not afforded the option to cross into another field because the military was in a downsizing mode.
3. The applicant provides no additional documents with 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. `The applicant served as an aviation ordnance munitions technician in the United States Marine Corps (USMC) from 16 March 1987 until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 30 June 1991, due to the expiration of his term of service (ETS). He had served 4 years, 3 months and 15 days of total active service and was transferred to the United States Marine Corps Reserve.
3. On 25 February 1992, he enlisted in the Regular Army in the pay grade of E-4, for a period of 3 years, under the Special Forces Candidate and Airborne Training option. As a part of his enlistment contract he acknowledged that he understood that if he failed to successfully complete any phase of required training (Basic Training (BT), Basic Airborne Training (BAT), or Special Forces Assessment and Selection (SFAS)), he would be separated from the Army in accordance with Army Regulation 635-200, Enlisted Personnel, chapter 11, Entry Level Status.
4. He successfully completed his airborne training and was transferred to Fort Bragg, North Carolina to undergo his Special Forces training (SFAS).
5. On 8 April 1992, the applicant's commander initiated action to discharge the applicant from the service due to failure of the SFAS course. The applicant, after consulting with counsel, acknowledged that he understood that he would be given an entry-level separation with his service uncharacterized and elected not to submit a statement in his own behalf.
6. The appropriate authority approved the recommendation for separation on 28 April 1992 and directed that his service be uncharacterized.
7. Accordingly, he was REFRAD on 13 May 1992 with his service uncharacterized and he was transferred to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve) to complete his statutory service obligation. He had served 2 months and 19 days of total active service.
8. On 28 March 1995, he was honorably discharged from the USAR.
9. There is no evidence in the available records to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
10. Army Regulation 635-200, chapter 11 provides the policies and procedures for separating individuals who are in an entry level status (180 days or less) who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline. It provides that service under this provision will be uncharacterized unless the Secretary of the Army determines that a characterization of honorable is warranted by unusual circumstances involving personal conduct and performance of duty.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicants administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would tend to jeopardize his rights. Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.
3. Inasmuch as he had less than 180 days of active service during his current enlistment, his service was properly uncharacterized and there appears to be no basis to characterize it as honorable.
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.
_______ _ XXX _______ ___
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) AR20080018367
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018367
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2001 | 2001061394
The Board, being convinced that the characterization of service and the reason for discharge were both proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...
ARMY | BCMR | CY2010 | 20100030310
The applicant, the widow of the deceased former service member (FSM), requests the characterization of her husband's active service for initial active duty for training (IADT), completed on 17 September 1992, be changed to honorable. Because the FSM was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time. Therefore, the Board determined that...
ARMY | BCMR | CY2010 | 20100025486
The applicant requests correction of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a medical reason instead of the current uncharacterized entry. On 27 May 1992, an MEB convened at Fort Lee, VA, and after consideration of the clinical records and, laboratory findings, and physical examinations, the board found he had the EPTS medical condition of asthma. On 28 May 1992, a PEBLO (Physical Evaluation Board Liaison Officer)...
ARMY | BCMR | CY2011 | 20110024574
Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), Chapter 3 (Character of Service/Description of Separation), states service of Soldiers in an entry level status (ELS) will be described as "uncharacterized." Paragraph 4-2h (Discharge or REFRAD upon termination of enlistment, and other periods of active duty or active for training), states ARNG and U.S. Army Reserve (USAR) Soldiers who are in ELS and who successfully complete a period of IADT their service will be...
ARMY | BCMR | CY2013 | 20130014288
The applicant requests correction of his records to show he received an honorable discharge instead of an uncharacterized discharge. Subsequent to the applicant's acknowledgement and consultation with counsel, his immediate commander initiated separation action against him in accordance with chapter 11 of Army Regulation 635-200 by reason of lack of attitude and motivation. It states an uncharacterized separation is an entry-level separation.
ARMY | BCMR | CY2009 | 20090002902
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." On 6 October 1992, while undergoing training at Fort Benning, the applicants immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 11 (Entry Level Status) of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by...
ARMY | BCMR | CY2014 | 20140011433
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 May 1990, to show in: * Item 4a (Grade, Rate, or Rank) - private first class (PFC) * Item 4b (Pay Grade) - E-3 * Items 12a-e (Record of Service) - Reserve Officers Training Corps (ROTC) service credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - Expert Marksmanship Qualification Badge * Item 14 (Military...
ARMY | BCMR | CY2013 | 20130001073
Counsel requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR)) decision regarding the applicant's request for award of the Special Forces (SF) Tab and correction of his record to show he held military occupational specialty (MOS) 18B (SF Weapons Sergeant). A 12-page brief containing new arguments in support of the applicant's request for relief, in which he contends: (1) The Board misstated or misapplied the applicable regulation (Army Regulation...
ARMY | BCMR | CY2011 | 20110016873
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his: * Characterization of service from uncharacterized to honorable * Narrative reason for separation from entry level status to completion of required service * Reentry eligibility (RE) Code from N/A (Not Applicable) to RE-3 2. Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their...
ARMY | BCMR | CY2002 | 2002073377C070403
APPLICANT REQUESTS: That his records be corrected to show that he received a skills qualification identifier (SQI) of “S” (Special Forces) for either military occupational specialty (MOS) 31C or 31U. The applicant’s Personnel Qualification Record, DA Form 2-1, shows that he was awarded primary military occupational specialty (MOS) 05C20 (Radio Teletype Team Chief) effective 13 August 1973. Unfortunately, there are no available records that show the applicant completed any or all of the...