BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003179 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show "honorable" instead of "uncharacterized."

2.  He states he was unaware of any problem that would warrant an uncharacterized discharge.

3.  He provides his:

* DD Form 214
* U.S. Army Reserve (USAR) Personnel Center (DARP) Form 249-2-E (Chronological Statement of Retirement Points)
* discharge orders
* Honorable Discharge Certificate

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.  His military personnel records show he enlisted in the USAR on 1 February 1988 for 8 years.

3.  His DD Form 214 shows he entered active duty on 23 February 1988 for the purpose of attending initial active duty training (IADT) and was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).

4.  On 29 July 1988, he was released from IADT and transferred to Headquarters and Headquarters Company, 429th Engineer Battalion, USAR, after completing 5 months and 7 days of net active service.  The same DD Form 214 also contains the following entries:

* item 23 (Type of Separation) – release from IADT
* item 24 – uncharacterized
* item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4
* item 26 (Separation Code) – LBK
* item 27 (Reentry Code) – not applicable
* item 28 (Narrative Reason for Separation) – expiration of term of service

5.  USAR Personnel Center Orders D-01-614630, dated 30 January 1996, and his Honorable Discharge Certificate show he was honorably discharged from the USAR on 31 January 1996.

6.  Army Regulation 635-5 (Separation Documents), paragraph 2-1, provides instructions for preparing the DD Form 214 and states:

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

	b.  A DD Form 214 will be prepared for Reserve Component (RC) Soldiers upon completion of IADT that results in award of an MOS, even when the active duty period was less than 90 days.

	c.  Paragraph 2-4 provides line-by-line instructions for completing the DD Form 214 and states that "characterization or description of service is determined by directives authorizing separation."

7.  Army Regulation 635-200 lists the various authorized types of characterization of service or description of separation "as honorable, general (under honorable conditions), or under other than honorable conditions" and specifies that separation from an entry-level status will be "uncharacterized" and so indicated in item 24 of the DD Form 214.

8.  Chapter 4 of Army Regulation 635-200 states that a Soldier will be discharged or released from active duty upon termination of enlistment and other periods of active duty or active duty for training (ADT).  It specifies that "Soldiers of the USAR ordered to active duty for a period in excess of 90 days will, upon release from active duty, revert to control of the appropriate RC" and that the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized, even though they have completed their IADT successfully."

9.  A member of an RC who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he entered IADT on 23 February 1988, completed training, and was awarded MOS 63B.  He was released from IADT on 29 July 1998 and was in an entry-level status at the time of his release.

2.  By regulation, RC Soldiers who are in an entry-level status will be uncharacterized, even though they have completed their initial ADT successfully.  Therefore, his DD Form 214 correctly shows his service as "uncharacterized."

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 long enough for his or her character of service to be rated as honorable or otherwise.

4.  The evidence also shows that upon completion of his required service in the USAR, he was issued honorable discharge orders and an Honorable Discharge Certificate, both of which are official separation documents for completion of service in the USAR.

5.  In view of the foregoing, he is not entitled to the 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 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)                                         AR20110003179



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ABCMR Record of Proceedings (cont)                                         AR20110003179



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