IN THE CASE OF:
BOARD DATE: 14 MAY 2009
DOCKET NUMBER: AR20090001227
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect in block 24 (Character of Service) that his characterization of service was under honorable conditions.
2. The applicant states that he was discharged from the California Army National Guard (CAARNG) under honorable conditions and he desires his DD Form 214 to reflect his characterization to also be under honorable conditions because he is homeless and needs to utilize Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of his DD Form 214, a copy of his NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service) and a copy of his discharge orders from the CAARNG.
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 enlisted in the CAARNG in Los Angeles, California on 10 April 1990 for a period of 8 years and training as a unit level communications maintainer. He was ordered to initial active duty for training (IADT) on 24 April 1990 and was transferred to Fort Ord, California, where he underwent his one-station unit training (OSUT). His DD Form 214 shows his character of service as uncharacterized.
3. He successfully completed his training and was released from IADT on 5 October 1990, due to completion of IADT. He had served 5 months and 12 days of total active service and was returned to his CAARNG unit.
4. On 12 July 1993, the applicant's commander submitted a request to discharge the applicant from the CAARNG under the provisions of National Guard Regulation (NGR) 600-200, due to conviction by civil authorities. He cites as the basis for his recommendation for discharge that the applicant was convicted by civil authorities for a felony offense and was (then) currently incarcerated in prison.
5. On 26 August 1993, the applicant was discharged from the CAARNG and the United States Army Reserve (USAR) under honorable conditions, under the provisions of NGR Regulation 600-200, due to conviction by civil authorities. He had 3 years, 4 months, and 17 days of net service this period.
6. There is no evidence in the available records to show that the applicant has ever applied to the Army Discharge Review Board within that board's 15-year statute of limitations.
7. Army Regulation 635-200 (Personnel Separations Enlisted Personnel), provides the criteria for the separation of enlisted personnel. It provides, in pertinent part, that entry-level status for Reserve Component personnel begins on the date IADT begins and terminates 180 days after beginning training. Characterization of service of personnel in an entry-level status will be uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The applicants release from IADT was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicants rights.
2. Accordingly, his service was uncharacterized because he had served less than 180 days of continuous active duty service and was still in an entry-level status. The characterization of his service and the reasons therefore were appropriate under the circumstances and the applicant has failed to show otherwise.
3. As such, his DD Form 214 properly reflects his service while in an entry-level status for less than 180 days as being uncharacterized and there appears to be no error or injustice in his case or apparent basis to change the characterization of his service.
4. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request to change item 24 of his DD Form 214 to show general under honorable conditions.
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 the aforementioned 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.
________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.
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