IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110004240
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 the characterization in item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to read under honorable conditions instead of uncharacterized.
2. The applicant states his discharge files and certificate show he received a general discharge under honorable conditions. He wants his DD Form 214 to show the characterization of his service as under honorable conditions.
3. The applicant provides:
* his DD Form 214
* his General Discharge Certificate
* the endorsement from his unit commander recommending a general under honorable conditions discharge
* the approval for his discharge directing his service to be characterized as general under honorable conditions
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. He enlisted in the Regular Army on 30 September 1997. He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).
3. He was processed for separation under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations). His complete processing packet was not available for review.
4. On 14 October 1999, his unit commander recommended he be discharged under the provisions of paragraph 14-12b of Army Regulations 635-200. He recommended his service be characterized as general under honorable conditions.
5. On 21 October 1999, the appropriate authority approved his discharge and directed his service to be characterized as general under honorable conditions.
6. On 1 November 1999, he was discharged. He completed 2 years, 1 month, and 2 days of active service. Item 24 of his DD Form 214 contains the entry "UNCHARACTERIZED."
7. On 13 August 2010, the Army Discharge Review Board (ADRB) determined no change was warranted in the characterization of his discharge.
8. Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.
a. Entry-level status for Regular Army soldiers, was defined as the first
180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. The regulation requires uncharacterized service for separation in an entry level status.
b. Chapter 14 of the regulation dealt with separation for various types of misconduct. Paragraph 14-12b provided for the separation of a Soldier due to a pattern of misconduct. This included discreditable conduct and conduct prejudicial to good order and discipline including conduct in violation of the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army.
DISCUSSION AND CONCLUSIONS:
1. Having completed a little over 2 years active service, he was well beyond an entry level status for a Regular Army Soldier. Therefore, the entry in item 24 of his DD Form 214 is clearly in error.
2. The appropriate authority approved his discharge and directed his service be characterized as general under honorable conditions. Therefore, item 24 of his DD Form 214 should be corrected to read "UNDER HONORABLE CONDITIONS (GENERAL)" instead of "UNCHARACTERIZED."
BOARD VOTE:
__X_____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 24 of his DD Form 214 to read, "UNDER HONORABLE CONDITIONS (GENERAL)" instead of "UNCHARACTERIZED."
______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) AR20110004240
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ABCMR Record of Proceedings (cont) AR20110004240
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