IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003527
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) to show "Honorable" instead of "Uncharacterized" and issuance of a new DD Form 214 to show this correction.
2. The applicant states he was medically discharged and he has other documents that list him as being honorably discharged.
3. The applicant provides no documentary evidence in support of his application.
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 Kentucky Army National Guard (KYARNG) on
18 September 1989. He entered initial active duty for training (IADT) on
14 February 1990.
3. On 25 July 1990, after completing 5 months and 12 days of active military service, the applicant was released from active duty (REFRAD) and discharged as a Reserve of the Army. The DD Form 214 he was issued at the time shows he was REFRAD/discharged as a Reserve of the Army under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24e, by reason of physical disability without severance pay. Item 24 contains the entry Uncharacterized.
4. Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES). The regulation states that if a Soldier is in an entry level status (ELS) at the time of PDES processing the DD Form 214 will describe service as Uncharacterized as outlined in Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 3.
5. Army Regulation 635-200, chapter 3 contains guidance on character of service/description of service. It states the service of Soldiers in an ELS will be described as Uncharacterized. The regulation defines ELS for Reserve Component (RC) Soldiers as 180 days for Soldiers ordered to IADT for one continuous period. For RC Soldiers ordered to IADT under the split or alternative training option, ELS terminates 90 days after beginning Phase II advanced individual training. Soldiers completing Phase I basic combat training remain in ELS until 90 days after beginning Phase II.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the entry in item 24 of his DD Form 214 to honorable has been carefully considered. However, by regulation, the service of members separated while in ELS will be described as uncharacterized. As a result, the uncharacterized entry in item 24 of his DD Form 214 is appropriate and was assigned in accordance with the applicable regulation.
2. An uncharacterized character of service is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.
3. In view of the foregoing, 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) AR20110003527
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ABCMR Record of Proceedings (cont) AR20110003527
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