IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110007949
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 item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from uncharacterized to honorable.
2. The applicant states that he has the proper documentation attesting to his character of service.
3. The applicant provides:
* his DD Form 214
* a letter from the Department of Veterans Affairs (VA)
* a letter from the United States Postal Service (USPS)
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's records show that he enlisted in the Massachusetts Army National Guard (MAARNG) on 26 June 1997.
3. Orders Number 127-11, issued by Department of Defense, Military Entrance Processing Station, Boston, MA, dated 26 June 1997, show he was ordered to initial active duty for training (IADT) on 12 November 1997 for approximately 14 weeks.
4. On 11 March 1998, he was released from AD and returned to the MAARNG. The DD Form 214 he was issued shows in:
* Item 12c (Net Active Service this Period) - "4 months" (120 days)
* Item 23 (Type of Separation) - "Release from ADT"
* Item 24 (Character of Service) - "Uncharacterized"
* Item 28 (Narrative Reason for Separation) - "Completion of Required Active Service"
5. He submitted a letter from the USPS, dated 29 July 2010, which stated that his DD Form 214 for the period 1997 to 1998 showed his character of service as "uncharacterized" and in order for the period of such service to be counted towards his retirement computation date, it must be "honorable."
6. He submitted a letter from the VA, dated 25 August 2010, which shows his character of discharge and service dates for the period 12 November 1997 to 11 March 1998 as "honorable."
7. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. It states an Uncharacterized Separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.
8. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his character of service should be honorable was carefully reviewed.
2. During the first 180 days of continuous active military service, a member's service is under review. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.
3. The evidence of record shows that the applicant was in a Reserve status at the time of his release from ADT on 3 March 1998. He was properly issued a DD Form 214 for the period he was ordered to ADT. He had not completed 180 days of continuous active service prior to his being transferred back to the MAARNG after the completion of his ADT. Additionally, an uncharacterized discharge 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. As a result, there is no basis for granting the applicant's request for an honorable discharge.
4. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. Therefore, he is not entitled to 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) AR20110007949
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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