BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008845


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 to something other than "uncharacterized."

2.  The applicant states this is preventing him from entering the U.S. Army Reserve (USAR).

3.  The applicant provides no additional documentation.

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.  On 25 October 1993, the applicant enlisted in the USAR for 8 years and training in military occupational specialty (MOS) 91B (Medical Specialist).  He was assigned to the 331st Hospital, Utica, NY.

3.  The applicant entered initial entry training (IET) on self-terminating orders on 2 December 1993.  He completed basic training at Fort Jackson, SC and was transferred to Fort Sam Houston, TX on or about 17 February 1994 to start advanced individual training in MOS 91B.

4.  The applicant could not complete the academic requirements for MOS 91B.  He was counseled for academic deficiency on 22 March 1994.  At the same time, the American Red Cross notified the Army the applicant's mother was terminally ill with lung cancer and that she was not expected to live more than 4 weeks.

5.  The Army opted not to reclassify the applicant into another MOS, but instead dropped him from the 91B course as an academic failure.  He was issued a DD Form 214 which shows he completed 4 months and 2 days of creditable active service and he was released from active duty with uncharacterized service and transferred to his USAR troop program unit.

6.  Orders 131-19, Headquarters, 77th U.S. Army Reserve Command, Fort Totten, NY, dated 26 September 1994, show the applicant was discharged from the USAR effective 1 October 1994 with uncharacterized service.

7.  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 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 conditions 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.

8.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and USAR enlisted Soldiers for a variety of reasons.  It provides that 


service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status.  Entry level status for a Reservist, upon enlistment, is defined as:

   a.  The first 180 days of continuous active military service; and

   b.  The first 180 days of continuous active service after a service break of more than 92 days of active service.

9.  Army Regulation 635-200 provides guidance on characterization of service:

	a.  Paragraph 3-7a states 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; and

	b.  Paragraph 3-7b states 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 should be changed.

2.  The applicant was a USAR Soldier on active duty for IET.  He was in an entry-level status when he was separated; therefore, his DD Form 214 correctly shows his character of service as uncharacterized.

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)                                         AR20100008845



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         A