BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019176
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 his uncharacterized service be changed to honorable.
2. The applicant states he served his basic and advanced individual training in an honorable manner. He was discharged to his Army National Guard unit and served the remainder of his time honorably. He now works for the U.S. Postal Service and it cannot give him credit for the active duty time he served unless the characterization is honorable.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 October 1983.
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. Available records show the applicant was a member of the Maryland Army National Guard and he entered active duty for training (ADT) on 23 May 1983. He completed training and was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic). He was released from active duty to the control of his Army National Guard unit on 13 October 1983. The DD Form 214 he was issued shows in:
* item 12c (Net active service this period) 4 months and 21 days of active service
* item 23 (Type of Separation) release from ADT
* item 24 (Character of Service) uncharacterized
3. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 3, paragraph 3-7 (Types of Administrative Discharges/Character of Service), 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. Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.
b. The Glossary, section II (Terms), states that for members of a Reserve Component who have not completed 180 days of continuous active military service and who are not on active duty, entry-level status begins upon enlistment in a Reserve Component (including a period of assignment to a delayed entry program) and terminates 180 days after beginning an initial period of entry-level active duty for training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his uncharacterized period of service should be changed to honorable because he completed his training in an honorable manner
and he needs the characterization changed so the U.S. Postal Service will credit him with the time he served on active duty.
2. The governing regulation provides that a separation will be described as an entry-level separation with service uncharacterized if separation occurs while a Soldier is in an entry-level status (i.e., has completed no more than 180 days of active duty).
a. The applicant entered ADT on 23 May 1983. He completed his training and was released from active duty on 1 October 1983. He was credited with 4 months and 18 days (144 days) of active service.
b. Thus, available records confirm the applicant was in an entry-level status and his character of service for the period of service under review is correctly recorded as "uncharacterized." Therefore, changing the character of service as recorded in item 24 of his 13 October 1983 DD Form 214 would be inappropriate.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not been in the Army or on active duty long enough for his or her character of service to be rated as honorable or otherwise.
4. In view of the above, the applicant's request should be denied.
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) AR20100008127
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ABCMR Record of Proceedings (cont) AR20100019176
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