IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110001657
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 December 1990, to show "honorable" or "under honorable conditions" vice "uncharacterized."
2. The applicant states he is employed by the U.S. Postal Service and it does not accept DD Forms 214 that state "uncharacterized." He believes a typographical error was made on his DD Form 214.
3. The applicant provides two DD Forms 214.
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 Puerto Rico Army National Guard (ARNG) for a period of 8 years on 31 January 1990.
3. He was subsequently ordered to initial active duty for training (IADT) on 20 July 1990. He completed basic combat and advanced individual training at Fort Lee, VA, and he was awarded military occupational specialty 77F (Petroleum Supply Specialist).
4. He was released from IADT to the control of his ARNG unit on 8 December 1990. The DD Form 214 he was issued for this period of service shows he was released from IADT under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, by reason of expiration of term of service with an uncharacterized character of service. He completed 4 months and 19 days (or 139 days) of creditable active service during this period.
5. He ultimately transferred to the U.S. Army Reserve and attained the rank/grade of sergeant/E-5.
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 the 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. Army Regulation 635-200, chapter 3, describes the different types of characterization of service. The version of the regulation in effect at the time of his separation stated 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 conditions is authorized. For Soldiers ordered to IADT, entry-level status terminates 180 after beginning training.
8. 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 20 July 1990 and was released from IADT on 8 December 1990. He completed 4 months and 19 days (139 days) of active service during this period and received an uncharacterized character of service.
2. As an ARNG Soldier attending IADT, his entry-level status would terminate 180 days after entering IADT. As he served for 139 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 Soldier's military service. It merely means the Soldier has not served on active duty 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 or a general discharge under honorable conditions.
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 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) AR20110001657
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ABCMR Record of Proceedings (cont) AR20110001657
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