IN THE CASE OF:	  

		BOARD DATE:	        14 OCTOBER 2009

		DOCKET NUMBER:  AR20090008030 


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 service be changed to honorable.

2.  The applicant states his character of service from 9 May through 19 August 1989 was categorized as uncharacterized, he was honorably discharged from the Army National Guard (ARNG) on 23 February 1996, but his uncharacterized service was not changed when he transferred from the U.S. Army Reserve (USAR) to the ARNG.  He adds that, as a result, he cannot get certified as a veteran by the Department of Veterans Affairs.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995; Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996; NGB Form 22 (Report of Separation and Record of Service); Headquarters, USAR Personnel Center, St. Louis, MO, Orders D-01-704392, dated 21 January 1997; and DD Form 256A (Honorable Discharge Certificate).

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 enlisted in the USAR on 19 January 1989 and he was ordered to initial active duty training (IADT) on 9 May 1989.

	a.  A Fort Jackson (FJ) Form 8-1 (Certificate) shows the applicant successfully completed Basic Training at the U.S. Army Training Center, Fort Jackson, SC, on 6 July 1989.

	b.  An FJ Form 8-1 shows the applicant successfully completed the Unit Supply Specialist Course at the U.S. Army Training Center, Fort Jackson, SC, on 29 August 1989.

3.  A DD Form 214 shows the applicant entered IADT on 9 May 1989, he was released on 19 August 1989, and his character of service was categorized as uncharacterized.  At the time he had completed 3 months and 11 days of net active service during this period.

4.  In support of his application, the applicant provides the following documents.

	a.  Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995, subject:  Erroneous Expiration of Enlistment, that shows the applicant's commander apologized to him for the inconvenience of the administrative error surrounding his erroneous expiration of term of service and assured him he would ask for the earliest release date possible for the applicant.

	b.  Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996, and NGB Form 22 covering the period 12 October 1990 through 23 February 1996 that show the applicant was honorably discharged from the ARNG effective 23 February 1996.  At the time he had completed 5 years, 4 months, and 12 days of net service this period; 1 year, 5 months, and 12 days of prior Reserve Component (RC) service; 3 months and 11 days of prior active Federal service; and 7 years, 1 month, and 5 days of total service for pay.


	c.  Headquarters, USAR Personnel Center, St. Louis, MO, Orders 
D-01-704392, dated 21 January 1997, and DD Form 256A that show the applicant was honorably discharged from the USAR effective 21 January 1997.

5.  Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 3-7 (Types of administrative discharges/character of service), provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.  This paragraph also provides that only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.

6.  Army Regulation 635-200 provides that a member of an RC who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a RC.  Entry-level status of such a member of a RC terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his uncharacterized period of service should be changed to honorable because he was honorably discharged from the ARNG on 23 February 1996 and honorably discharged from the USAR on 21 January 1997.

2.  The governing regulation provides that a separation will be described as an entry-level separation with service uncharacterized, if separation action occurs while a Soldier is in entry-level status (i.e., has completed no more than 180 days of creditable continuous active duty).

3.  As a matter of information, an uncharacterized discharge is not meant to be a negative reflection of a Soldier's 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.

4.  The applicant entered IADT on 9 May 1989, was released from IADT on 19 August 1989, and completed 3 months and 11 days (i.e., 101 days) of net active service during this period.  Thus, records confirm the applicant was in an entry-level status and his character of service is correctly recorded as "uncharacterized" on his DD Form 214.  Therefore, he is not entitled to correction of the character of service recorded on his 19 August 1989 DD Form 214.

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 this 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.

ABCMR Record of Proceedings (cont)                                         AR20090008030



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ABCMR Record of Proceedings (cont)                                         AR20090008030



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