IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100025582
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 his uncharacterized separation document be corrected to show his service was honorable.
2. The applicant states he is in possession of his Honorable Discharge Certificate, and his DD Form 214 (Certificate of Release or Discharge from Active Duty) should be corrected to show he was honorably discharged.
3. The applicant provides a copy of his DD Form 214 with a separation date of 21 June 1989 and his Honorable Discharge Certificate, dated 8 June 1999.
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 enlisted in the U.S. Army Reserve on 7 December 1988 for a statutory period of 8 years.
3. On 7 February 1989, the applicant was ordered to initial active duty for training (IADT) by Order Number 238-034 issued by the New York Military Entrance Processing Station at Fort Hamilton, NY on 16 December 1988. This order stated he was to report for duty at Fort Leonard Wood, MO and then proceed to Fort Lee, VA by 14 April 1989 for advanced individual training (AIT) in military occupational specialty (MOS) 94B (Food Service Specialist). The established training period was 18 weeks and 0 days.
4. On 21 June 1989, the applicant was released from IADT due to expiration term of service and transferred to his Army Reserve unit. He was issued a
DD Form 214 that shows in item 12c (Net Active Service This Period) "00 YEAR(S) 04 MONTH(S) 15 DAY(S)." Item 24 (Characterization of Service) shows the entry "UNCHARACTERIZED."
5. The applicant provided an Honorable Discharge Certificate, dated 8 June 1999, showing he was honorably discharged from the U.S. Army Reserve (USAR).
6. Army Regulation 635-200 (Enlisted Separation) provides for the discharge or release from active duty upon termination of an enlistment or other periods of active duty and active duty for training. Normally, a Soldier will be discharged or released from active duty on the date he or she completed the period for which enlisted or ordered to active duty. Soldiers of the Army Reserve and Army National Guard (ARNG) ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate Reserve component. The actual date of discharge or relief from active duty will be recorded on the DD Form 214. The character of service for Reserve component Soldiers who successfully complete a period of IADT and who are considered entry-level status will have their service described as uncharacterized.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Soldiers ordered to active duty for more than 90 days of continuous service for IADT, active duty training, or active duty support will be issued a DD Form 214 upon completion of their tour of duty.
DISCUSSION AND CONCLUSIONS:
1. While the applicant did provide an Honorable Discharge Certificate, this certificate was issued upon his discharge from the USAR.
2. The applicant's DD Form 214 correctly shows his active duty service as uncharacterized; he was ordered to active duty to complete his initial entry training and was released to his Army Reserve unit upon successful completion of this training.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise.
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) AR20100025582
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ABCMR Record of Proceedings (cont) AR20100025582
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