IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100001219
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 he was released from active duty in September 1995 with an uncharacterized service and he was honorably discharged from the U.S. Army Reserve (USAR) in November 2001. He believes his active service should also be characterized as honorable.
3. The applicant provides a copy of his DD Form 214, dated 14 September 1995, and a copy of his USAR discharge orders, dated 13 November 2001.
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 USAR for a period of 8 years on 10 November 1993.
3. He was subsequently ordered to initial active duty for training (IADT) on 7 June 1994 and completed basic combat training (BCT) at Fort Sill, OK. He was released from IADT on 19 August 1994 to the control of his USAR unit. He completed 2 months and 13 days of creditable active service.
4. On 15 June 1995, he was ordered to ADT and subsequently completed advanced individual training (AIT) and he was awarded military occupational specialty 92A (Automated Logistics Specialist).
5. He was released from ADT to the control of his USAR unit on 14 September 1995. The DD Form 214 he was issued shows he was release from ADT under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of his required active service with an uncharacterized character of service. He completed 3 months (or 92 days) of creditable active service during this period.
6. He subsequently served in the USAR and was ultimately honorably discharged from the USAR on 31 November 2001 upon completion of his enlistment commitment.
7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of this regulation provides, in pertinent part, that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation. A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable, unless the Soldier is in an entry-level status and the service is uncharacterized.
8. Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service. It states in pertinent part that an Uncharacterized Separation is an entry-level separation. A separation is 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.
9. For USAR Soldiers ordered to IADT for the split or alternate training option, entry level status is 90 days after beginning of phase II (AIT). Soldiers completing phase I (BCT) remain in entry level status until 90 days after beginning phase II.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the characterization of service on his DD Form 214 should be changed from "uncharacterized" to "honorable" was carefully considered and found to have merit.
2. The evidence of record shows he entered ADT on 15 June 1995 and was released from ADT on 14 September 1995. He completed 3 months (92 days) of active service during this period and received an uncharacterized character of service. As a USAR Soldier, attending phase II (AIT) of a split training program, his entry level status terminated 90 days after entering phase II. In his case, he served for 92 days and was no longer in an entry level status. Therefore, his service should have been characterized.
3. His record is void of any derogatory information that would have prevented him from receiving an honorable discharge. Therefore, he is entitled to correction of his DD Form 214 to show an honorable discharge.
BOARD VOTE:
____x____ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 24 (Character of Service) of his DD Form 214 the entry "uncharacterized" and adding the entry "honorable."
___________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) AR20100001219
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ABCMR Record of Proceedings (cont) AR20100001219
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