IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110003927 


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 that his 1990 uncharacterized discharge be changed to honorable.

2.  He states that he served honorably during his initial basic and advanced individual training.  Upon his first discharge from active duty in 1990, he was told that they couldn’t put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days.  He has since learned that this is not true.  He intends to apply for education benefits and it is required that all periods of service be listed as honorable in order to receive benefits.  

3.  He also states that potential employers require that all periods of service be listed as honorable in order to receive veteran’s preference.  It is unfair for him to lose out on benefits that he is entitled to because of a technical classification on his DD Form 214.  His wife was also a member of the Reserve Components who served less than 180 days in 1991, yet she received a classification of honorable on her DD Form 214.

4.  He provides:

* 1990, 2002, and 2005 DD Forms 214
* 1998 U.S. Army Reserve (USAR) discharge orders
* 2004 DD Form 220 (Active Duty Report)

* 2008 Army National Guard (ARNG) discharge and withdrawal of Federal Recognition orders
* DD Form 214 ending on 26 June 1991, alleged to be that of his spouse

ONSIDERATION 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 USAR on 14 October 1989 for 8 years.  He was ordered to Initial Active Duty for Training (IADT) for approximately 14 weeks or completion of basic and military occupational specialty (MOS) training.  Subsequently, he entered on active duty on 29 November 1989 for his basic training phase at Fort Jackson, South Carolina.  He completed training and was awarded MOS 31K (Combat Signal Operator). 

3.  He was released from IADT on 30 April 1990, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 4, due to expiration term of service, and he was transferred to a Reserve unit.  He was credited with completion of 5 months and 2 days (153 days) of net active service.  His DD Form 214 shows this service was uncharacterized.

4.  He was honorably discharged from the USAR on 8 September 1998 and subsequently enlisted in the Illinois ARNG (ILARNG).  

5.  He again was ordered to AD in support of Operation Enduring Freedom and entered on AD on 4 January 2002.  He was released from AD on 16 August 2002, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service.  He was credited with completion of 7 months and 13 days (225 days) of net active service.  His DD Form 214 shows this service was honorable.

6.  A DD Form 220, dated 13 October 2004, shows he entered on AD on 29 January 2004 and was released on 28 March 2004.  He was credited with completion of a length of tour of 59 days.

7.  He again was ordered to ADT and entered on AD on 20 February 2005 in the grade of second lieutenant.  He was released from AD on 13 July 2005, under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 2-7, for completion of required active service, and he was transferred to an ARNG unit.  He was credited with completion of 4 months and 24 days (144 days) of net active service.  His DD Form 214 shows this service was honorable.

8.  He was discharged from the ILARNG on 28 May 2008.

9.  He provided a copy of a DD Form 214 alleged to be that of his spouse.  The DD Form 214 shows the individual entered on ADT on 13 February 1991 as a member of the USAR.  The individual was released from ADT on 26 June 1991, for completion of a period of ADT, and was transferred to a Reserve unit.  The separation authority is not listed on the DD Form 214.  The individual was credited with completion of 4 months and 14 days (133 days) of net active service.  The DD Form 214 shows this service was honorable.

10.  Army Regulation 635-200, effective 15 December 1988 and 17 October 1990, 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 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.  

11.  Army Regulation 635-200, current version, paragraph 4-2(1), states the service of Soldiers who are in an entry-level status will be uncharacterized, even though they have completed their IADT successfully.  Having completed no more than 180 days of creditable continuous AD or ADT is an entry-level status.  For Soldiers ordered to IADT for one continuous period, it terminated 180 days after beginning training.


12.  Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 14 October 1989 and entered on IADT on 29 November 1989.  Upon completion of training he was released from IADT on 30 April 1990, after completing 153 days of active service.  He was issued a DD Form 214 showing this service was uncharacterized.

2.  In accordance with previous editions and current pertinent regulations, he remained in an entry level status at the time of separation because he served less than 180 days after beginning training.  Therefore, his 1990 characterization of service was appropriately determined to be "Uncharacterized."

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his/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 in 1990.

4.  The evidence shows that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Without evidence to the contrary, it is believed that the applicant's separation and characterization of service were both proper and equitable. 

5.  Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his period of AD from 29 November 1989 through 30 April 1990 and had not completed more than 180 days continuous AD at the time of his release from AD.  

6.  His service was properly characterized as honorable on the 2002 and 2005 DD Forms 214 as he was not in an entry level status.  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.  

7.  Additionally, the ABCMR does not grant requests for an honorable discharge solely for the purpose of an individual to qualify for education benefits and veteran’s preference.

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)                                         AR20110003927





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ABCMR Record of Proceedings (cont)                                         AR20110003927



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