IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20090000375
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 that the Army made a mistake and that he should not be held accountable for it.
3. The applicant provides a copy of his DD Form 214, dated 10 May 1989, 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 applicant's records show he enlisted in the New York Army National Guard (NYARNG) in the rank/grade of private (PV1)/E-1 on 25 August 1988. Orders Number 163-011, issued by the Military Entrance Processing Station, Brooklyn, NY, on 26 August 1988 show he was ordered to active duty for training (ADT) for 16 weeks.
3. The applicants records further show that he entered ADT, on 15 November 1988, completed basic combat training at Leonard Wood, MO and subsequently reported to Fort Lee, VA where he completed advanced individual training and was awarded military occupational specialty (MOS) 43M (Fabric Repair Specialist).
4. On 10 May 1989, the applicant was relieved from ADT to the control of his ARNG unit. 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. He had completed
5 months and 26 days (176 days) of active military service.
5. The applicant was discharged from the NYARNG and transferred to the U.S. Army Reserve Control Group (Annual Training) on 1 March 1990.
6. 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 an entry-level status for ARNG Soldiers, defined as beginning upon enlistment and terminating 180 days after beginning training (for Soldiers ordered to one continuous period of initial ADT) or 90 days after beginning advanced individual training (for Soldiers order to split or alternate training options) 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.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. 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. The applicants DD Form 214 correctly shows his character of service as uncharacterized.
3. 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.
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) AR20090000375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000375
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018121
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 vice uncharacterized. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the ARNG or USAR.
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...
ARMY | BCMR | CY2007 | 20070017749
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) 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...
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 | CY2014 | 20140020914
IN THE CASE OF: BOARD DATE: 28 July 2015 DOCKET NUMBER: AR20140020914 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant states: * his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his character of service as uncharacterized * the NGB Form 22 is unclear as to what uncharacterized means; he would like to upgrade that to honorable * when he enlisted, he passed...
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 | CY2008 | 20080019885
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 DD Form 214 he was issued at the time of release from ADT shows he completed 3 months and 7 days of active service. The applicant contends that the characterization of service on his DD Form 214 should be changed from uncharacterized to honorable. 2.
ARMY | BCMR | CY2013 | 20130010359
The DD Form 214 he was issued at the time of release from ADT shows he completed 2 months and 23 days of active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable...
ARMY | BCMR | CY2009 | 20090010687
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 "general under honorable conditions." He completed 64 days of active service but was not issued a DD Form 214. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2008 | 20080011516
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable and the reenlistment eligibility (RE) code be changed from "NA" to "RE-1." Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military...