IN THE CASE OF:
BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100014405
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 shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "honorable."
2. The applicant states, in effect, he was honorably discharged from the U.S. Army Reserve (USAR) in August 1996 and his DD Form 214 shows his active service as uncharacterized. He believes his active service should also be characterized as honorable.
3. The applicant provides his DD Form 214, dated 14 April 1989, and a DD Form 256A (Honorable Discharge Certificate), dated 20 August 1996.
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 records show he enlisted in the USAR for a period of 8 years on 17 August 1988.
3. He was subsequently ordered to initial active duty for training (IADT) on 4 October 1988. He completed basic combat and advanced individual training at Fort Dix, NJ. He was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).
4. He was released from IADT to the control of his USAR unit on 14 April 1989. The DD Form 214 he was issued shows he was released from IADT under the provisions of chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of expiration of term of service with an uncharacterized character of service. He completed 6 months and 11 days (or 191 days) of creditable active service during this period.
5. He was ultimately honorably discharged from the USAR on 16 August 1996 upon completion of his enlistment commitment.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides 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.
7. Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service. It states 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. For Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the characterization of service shown 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 IADT on 4 October 1988 and was released from IADT on 14 April 1989. He completed 6 months and 11 days of active service during this period and received an uncharacterized character of service. As a USAR Soldier attending IADT, his entry-level status terminated 180 days after entering IADT. In his case he served for 191 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 characterization of service.
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 is 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 replacing it with 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) AR20100014405
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ABCMR Record of Proceedings (cont) AR20100014405
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