IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110001789 


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, in effect, correction of his 1991 discharge that shows uncharacterized service to show honorable service. 

2.  He states, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 16 January 1991 covers his basic and advanced individual training (AIT).  He needs the characterization of this service changed to honorable to be creditable service.  This period of service was prior to his Reserve time and prior to his Regular Army (RA) service in 1993.  He is buying back his active duty (AD) time and he was informed that only honorable service is creditable.  

3.  He provides:

* DD Form 214
* Letter from the U.S. Postal Service, Human Resources Shared Service Center

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 military records show he enlisted in the U.S. Army Reserve (USAR) on 13 September 1990.  He was ordered to and entered AD on the same date.  He completed basic training and AIT and he was awarded military occupational specialty (MOS) 76P (Materiel Control and Accounting Specialist).

3.  He was released from active duty for training (ADT) on 16 January 1991, under the provisions of Army Regulation 635-200, paragraph 4-2, due to expiration term of service, and transferred to a Reserve unit.  He was credited with completion of 4 months and 4 days (126 days) of net active service.  His 
DD Form 214 shows this service was uncharacterized.

4.  He enlisted in the RA on 15 July 1993.  He was honorably released from AD on 12 July 1996, for completion of required active service, and transferred to the USAR Control Group.  He was credited with completion of 2 years, 11 months, and 28 days of net active service.  His DD Form 214 shows this service was characterized as "honorable."

5.  He was honorably discharged from the USAR effective 21 January 1998.

6.  In a letter, dated 30 November 2010, the U.S. Postal Service, Human Resources Shared Service Center, advised him, in effect, that his service from 13 September 1990 through 16 January 1991 was not creditable since his 
DD Form 214 showed this service was "uncharacterized."  His service from
15 July 1993 through 12 July 1996 was fully creditable since the DD Form 214 showed this service was "honorable." 

7.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 4-2 provided for the discharge or release from AD upon periods of AD or ADT.  Paragraph 4-2h stated that the service of Soldiers specified in that paragraph who were in an entry level status would be "uncharacterized," even though they had completed their ADT successfully.  The service of Soldiers in an entry level status was normally described as uncharacterized.  Entry level status is the first 180 days of continuous AD.  Paragraph 4-4 states a Soldier being separated upon fulfillment 

of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry level status and then the service is uncharacterized.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR and served in an ADT status from 13 September 1990 to 16 January 1991.  He completed the training requirements, was awarded an MOS, and transferred to a Reserve unit.  

2.  In accordance with pertinent regulations, he was issued an uncharacterized entry level separation.  The issuance of an uncharacterized discharge means he was in an entry-level status at the time of release because he served less than 180 days of active service.  Therefore, his characterization of service was appropriately entered on his DD Form 214 as "uncharacterized."

3.  There is no error or injustice in his record.  He was properly discharged in accordance with pertinent regulations with due process.  The uncharacterized service was and still is appropriate and there is no basis to change it.  "uncharacterized" service simply infers he had completed less than 180 days of service.  

4.  The uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

5.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20110001789



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001789



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1