IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017150
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable" instead of "uncharacterized."
2. The applicant states the character of service on his DD Form 214 should read "honorable."
3. The applicant provides his DD Form 214; a letter from the U.S. Army Human Resources Command, St. Louis, MO, dated 18 December 2004; and Orders
D-09-143501, issued by U.S. Army Reserve Personnel Command, St Louis, honorably discharging him from the U.S. Army Reserve (USAR).
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 on 18 September 1993 for a period of 8 years. He was ordered to initial active duty for training (IADT) on 4 November 1993. He completed basic combat and advanced individual training and he was awarded military occupational specialty 88M (Motor Transport Operator).
3. He was released from IADT to the control of his USAR unit on 11 March 1994. The DD Form 214 he was issued shows he was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of required active service with an uncharacterized character of service. He completed 4 months and 8 days (or 128 days) of creditable active service during this period.
4. He was honorably discharged from the USAR on 18 September 2001 upon completion of his enlistment commitment.
5. 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.
6. 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.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered IADT on 4 November 1993 and he was released from IADT on 11 March 1994. He completed 4 months and 8 days of active service during this period and received an uncharacterized character of service.
2. As a USAR Soldier attending IADT, his entry-level status would terminate 180 days after entering IADT. As he served for 128 days and was still in an entry-level status at the time of his separation, he correctly received an uncharacterized character of service. Therefore, he is not entitled to the requested relief.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request for an honorable discharge.
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) AR20100017150
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ABCMR Record of Proceedings (cont) AR20100017150
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