Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090014272
Original file (20090014272.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  02 March 2010

		DOCKET NUMBER:  AR20090014272 


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 two applications, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to change his pay grade from E-1 to E-3 and to change his uncharacterized service to honorable.

2.  The applicant states that he was in pay grade E-3 when he was discharged.  The applicant also states that he was told that his discharge would be changed to an honorable discharge in 5 years.

3.  The applicant provides his DD Form 214.

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's military records show he enlisted in the Regular Army on 
27 December 1990, was awarded the military occupational specialty of combat engineer, and was promoted to pay grade E-3.

3.  On 12 March 1991, the applicant was reduced from pay grade E-3 to pay grade E-2.

4.  On 10 June 1991, the applicant's commander notified him of his intent to recommend him for discharge due to entry level status performance and conduct. The applicant was advised of his rights in conjunction with that notification.

5.  On 13 June 1991, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice for failing to go at the time prescribed to his appointed place of duty.  His punishment included a reduction from pay grade E-2 to pay grade E-1.

6.  On 24 June 1991, the applicant's commander forwarded a recommendation to discharge the applicant for entry level status performance and conduct.  That recommendation was approved by the appropriate authority.

7.  Accordingly, on 8 July 1991, the applicant was discharged in pay grade E-1 for entry level status performance and conduct with uncharacterized service.

8.  Army Regulation 635-200 (Enlisted Personnel), paragraph 3-9, specifies that Soldiers who are within the first 180 days of their enlistments when separation processing is started will normally receive an uncharacterized entry level separation.  The only authorized exceptions are in those cases where an under other than honorable conditions discharge is authorized and/or warranted or when the Secretary of the Army determines on a case-by-case basis that an honorable discharge is warranted by unusual circumstances involving the individual's personal conduct and performance of duty.  However, such honorable discharges may be applied only in cases involving changes in service obligation, convenience of the Government and secretarial plenary authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted on 27 December 1990 and the commander notified the applicant of his intent to discharge the applicant on 10 June 1991.  Therefore, the applicant's discharge was initiated 5 months and 13 days after his enlistment which means his service was required to be uncharacterized.

2.  While the applicant had been promoted to pay grade E-3, he was reduced twice.  As such, he was properly discharged in pay grade E-1.
3.  The Army does not and has never had a policy to upgrade a discharge based on the passage of time.

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)                                         AR20090014272



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014272



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110000278

    Original file (20110000278.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her date of discharge as 23 September 1993, her characterization of service as honorable, and her rank as specialist, pay grade E-4. The evidence of record clearly shows that the applicant enlisted in the USAR and was ordered to ADT in July 1990. Therefore, her rank as recorded on her DD Form 214 appears to be correct.

  • ARMY | BCMR | CY2011 | 20110023636

    Original file (20110023636.txt) Auto-classification: Denied

    On 26 February 1991, the separation authority approved the applicant's discharge from the Army in accordance with Army Regulation 635-200, chapter 11, with uncharacterized service. This chapter applied to Soldiers who were in an entry-level status and completed no more than 180 days of continuous active duty before the date of the initiation of separation action. Chapter 2 contains item-by-item preparation instructions for the DD Form 214 as follows: * item 6 shows the completion date of...

  • ARMY | BCMR | CY2014 | 20140003199

    Original file (20140003199.txt) Auto-classification: Denied

    The applicant requests that his uncharacterized release from active duty training (ADT) be upgraded to honorable. He completed ADT on or about 9 September 1991. It terminates: * For Soldiers ordered to ADT for continuous period—180 days after beginning training * For Soldiers ordered to ADT for the split or alternate training option—90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after...

  • ARMY | BCMR | CY2011 | 20110011451

    Original file (20110011451.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 4b (Pay Grade) "E4" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) all commendations and medals authorized * item 24 (Character of Service) "Honorable" 2. g. Item 13 "Army Service Ribbon//Nothing Follows." His record is void of any evidence and he has not provided any evidence showing he completed any other...

  • ARMY | BCMR | CY1996 | 9605574C070209

    Original file (9605574C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That his uncharacterized discharge be corrected to a general discharge for medical unfitness. On 24 December 1990, based on a request from the applicant's command, a physician examined the applicant and determined that his physical problems had not existed prior to his entry on active duty, but those conditions were not medically unfitting under retention standards. Army Regulation 635-200, chapter 11, Entry Level Status Performance and Conduct, provides for the...

  • ARMY | BCMR | CY2010 | 20100020254

    Original file (20100020254.txt) Auto-classification: Denied

    The applicant requests, in effect, his 1991 uncharacterized discharge be changed to honorable for the purpose of entitlement to an enlistment bonus. The applicant's contentions are not sufficiently supported by his records or his application. The available evidence shows his prior military service was uncharacterized.

  • ARMY | BCMR | CY2011 | 20110003927

    Original file (20110003927.txt) Auto-classification: Denied

    Upon his first discharge from active duty in 1990, he was told that they couldn’t put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his...

  • ARMY | BCMR | CY2007 | 20070008816

    Original file (20070008816.TXT) Auto-classification: Denied

    The DD Form 214 he was issued at the time of his separation shows the following entries: a. Evidence of record shows that the applicant completed 2 months of active military service while attending basic combat training. Evidence of record shows that the applicant was separated under chapter 4 of Army Regulation 635-200 while in training.

  • ARMY | BCMR | CY2014 | 20140011433

    Original file (20140011433.txt) Auto-classification: Denied

    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 | CY2014 | 20140002997

    Original file (20140002997.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). On 1 October 1991, the separation authority approved the applicant's discharge while in an ELS status. Further, the record shows the applicant's service was described as uncharacterized as a result of his being discharged while in an ELS status.