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 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 applicants 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
ARMY | BCMR | CY2011 | 20110003179
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show "honorable" instead of "uncharacterized." It specifies that "Soldiers of the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate RC" and that the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized,...
ARMY | BCMR | CY2012 | 20120011382
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 November 1988 to show he received an honorable vice an uncharacterized discharge. 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. The applicant received the appropriate character of service and he has provided no evidence to...
ARMY | BCMR | CY2012 | 20120004324
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as "honorable" instead of "uncharacterized." 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...
ARMY | BCMR | CY2012 | 20120003710
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, at a minimum, that his service was under honorable conditions. The applicant states he completed active duty for training (ADT) without incident; however, item 24 (Character of Service) on his DD Form 214 was recorded as "uncharacterized." A DD Form 214 shows the applicant entered IADT on 8 September 1988 and he was released from ADT on 10 February 1989 under the...
ARMY | BCMR | CY2011 | 20110019598
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show honorable instead of uncharacterized. Chapter 4 of Army Regulation 635-200 states a Soldier will be discharged or released from AD upon termination of enlistment and other periods of AD or ADT. It specifies that "Soldiers of the USAR ordered to AD for a period in excess of 90 days will, upon release from AD, revert to control of the...
ARMY | BCMR | CY2009 | 20090000375
IN THE CASE OF: BOARD DATE: 26 March 2009 DOCKET NUMBER: AR20090000375 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time of his separation shows he was relieved from active duty in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service, with an uncharacterized character of service. A separation will be described as an entry-level separation if processing is initiated while a member...
ARMY | BCMR | CY2010 | 20100011319
The applicant requests that the characterization of service on her U.S. Army Reserve (USAR) discharge orders be changed from "uncharacterized" to "honorable." However, her records contain Orders 58-2, issued by Headquarters, 121st USAR Command, Birmingham, AL, discharging her from the USAR on 12 May 1993 with an uncharacterized discharge under the authority of Army Regulation 135-178 (Separation of Enlisted Personnel), effective 12 May 1993. The available evidence shows she completed a...
ARMY | BCMR | CY2012 | 20120001858
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an honorable instead of an uncharacterized characterization of service. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. Aside from his ADT from September June to August 1996 for which a DD Form 214 was issued, there...
ARMY | BCMR | CY2011 | 20110013284
Application for correction of military records (with supporting documents provided, if any). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated by reason of ELS performance and conduct under the provisions of Army Regulation 635-200, chapter 11, and that his service was described as uncharacterized. There is no evidence indicating the applicant applied to the Army Discharge Review Board for a change to his discharge within that board's 15-year...
ARMY | BCMR | CY2014 | 20140001831
The applicant requests correction of the characterization of her service from uncharacterized to honorable. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 23 March 1989 * Letter from the Army Discharge Review Board (ADRB) * Certificate of training * U.S. Army Reserve (USAR) discharge orders, dated 24 March 2004 CONSIDERATION OF EVIDENCE: 1. On 20 September 2013, she petitioned the ADRB for a change to her characterization of service...