IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20100025111
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 change of his uncharacterized character of service to honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he honorably completed his active duty and Army National Guard service. He needs an honorable discharge to apply for Wisconsin Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of his DD Form 214 for the period ending
13 February 1987 and his NGB Form 22 (Report of Separation and Record of Service) for the period ending 11 February 1989.
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. Orders 31-27, issued by the Milwaukee Military Entrance Processing Station, Milwaukee, WI, dated 12 February 1986, ordered the applicant to initial active duty for training (IADT) and return to his home unit upon the completion of his training period. His orders further show:
* Report to: U.S. Army Reception Station, Fort Dix, NJ
* Reporting Date: 28 August 1986
* AIT Location: Same as above
* AIT Reporting Date: 31 October 1986
* Training period: 19 weeks/or until completion of basic and military occupational specialty (MOS) training
3. Having completed his BT and MOS training, Orders 012-522, issued by Headquarters, U.S. Army Training Center, Fort Dix, dated 12 January 1987, released the applicant from ADT and returned him to his WIARNG unit of assignment, effective 13 February 1987. The DD Form 214 he was issued at the time shows in:
* item 12c (Net active service this period) he was credited with 5 months and 17 days of net active service
* item 23 (Type of Separation) he was released from ADT
* item 24 (Character of Service) the entry "uncharacterized"
4. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.
a. Paragraph 3-7a 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 (emphasis added).
b. Section II (Terms), states for ARNG Soldiers, entry level status begins upon enlistment in the ARNG. It terminates:
(1) For Soldiers ordered to IADT for one continuous period of 180 days after beginning training or
(2) For Soldiers ordered to IADT for the split or alternate training option of 90 days after beginning Phase II (Advanced Individual Training (AIT)). (Soldiers completing Phase I (Basic Training (BT) or Basic Combat Training (BCT)) remain in entry level status until 90 days after beginning Phase II.)
DISCUSSION AND CONCLUSIONS:
1. 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).
2. The applicant entered IADT on 27 August 1986. He completed his BT and AIT and he was released from active duty on 13 February 1987. He was credited with 5 months and 17 days (170 days) of net active service this period. Thus, available records confirm he was in an entry-level status and his character of service for the period of service under review is correctly recorded as "uncharacterized" with no error.
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 character of service to be rated as honorable or otherwise.
4. In view of the above, there is no basis for granting the applicant's requested relief.
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) AR20100025111
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ABCMR Record of Proceedings (cont) AR20100025111
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