IN THE CASE OF:	  

		BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100000471 


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 upgrade of his characterizations of service on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) as follows:

* DD Form 214 for the period ending 8 June 1990, from "uncharacterized" to "honorable"
* DD Form 214 for the period ending 11 December 1992, from "under other than honorable conditions" to "general, under honorable conditions"

2.  The applicant states he was discharged from the U.S. Army Reserve (USAR) into the Regular Army (RA) and that he honorably served in the USAR.  He adds that while in the RA he made a mistake and left.  He realizes that he was wrong for leaving the military but has since tried to live a productive life despite his disability and under other than honorable conditions discharge.  An upgrade to an honorable discharge would make his life more productive.

3.  The applicant did not provide any additional documentary evidence. 

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.  With respect to upgrading his character of service for the period ending
11 December 1992 from "under other than honorable conditions" to "general," this case was previously considered by the ABCMR on 22 October 1998.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  His request for reconsideration was not received within one year of the ABCMR's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above.  Therefore, this issue will not be discussed further in these Proceedings.

3.  The applicant's records show he enlisted in the USAR on 9 February 1989 and he was assigned to the 326th Medical Detachment, Memphis, TN.

4.  He subsequently entered active duty for training (ADT) on 30 January 1990. He completed basic combat training at Fort Knox, KY and advanced individual training at Fort Sam Houston, TX.  At the completion of training he was awarded military occupational specialty 91A (Medical Specialist).

5.  He was released from ADT to the control of his USAR unit on 8 June 1990 by reason of completion of ADT.  The DD Form 214 he was issued at the time of his release from ADT shows he completed 4 months and 16 days of active service.  Item 24 (Character of Service) of this form shows the entry "Uncharacterized."

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 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 ARNG or the USAR and, for Soldiers ordered to initial ADT for one continuous period, ends 180 days after beginning training.  

7.  Army Regulation 635-200, paragraph 3-7a, 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.

8.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the characterization of service on his DD Form 214 for the period ending 8 June 1990 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 applicant received the appropriate character of service and he has provided no evidence to show it is in error or unjust.  Therefore, there is no basis for granting his requested 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.



      ___________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)                                         AR20100000471



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ABCMR Record of Proceedings (cont)                                         AR20100000471



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