IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20110004495
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to honorable.
2. The applicant states:
* his discharge order history and Honorable Discharge Certificate state honorable but item 24 of his DD Form 214 states "uncharacterized"
* item 24 of his DD Form 214 not showing "honorable" is currently stopping him from becoming a patrol officer with the Knox County Sheriff's Department
3. The applicant provides:
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* Automated Orders and Resource System Discharge Order History
* DD Form 214
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. He enlisted in the USAR on 31 July 1989 for a period of 8 years. He was ordered to active duty on 26 September 1989 for training. On 10 February 1990, he was released from active duty and transferred to the USAR to complete his remaining service obligation. His character of service was uncharacterized.
3. Item 24 of his DD Form 214 shows the entry "uncharacterized."
4. He was honorably discharged from the USAR on 30 July 1997.
5. In support of his claim, he provides an Honorable Discharge Certificate from the USAR, dated 30 July 1997, and an Automated Orders and Resource System Discharge Order History sheet which shows he was honorably discharged effective 30 July 1997.
6. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 4 provides for the discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training. The regulation states that a separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active duty.
7. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention his character of service on his DD Form 214 should be corrected to show honorable was noted.
2. The evidence shows he was ordered to active duty for training in 1989 for a period of 4 months and 15 days. Since he was in an entry-level status when he was released from active duty in 1990, his character of service was uncharacterized which is properly reflected in item 24 of his DD Form 214. Therefore, there is no basis for granting his request.
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.
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) AR20110004495
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ABCMR Record of Proceedings (cont) AR20110004495
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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