IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015134
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 the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1988 to show honorable instead of uncharacterized.
2. The applicant states he regrets any unfortunate circumstance that led to the uncharacterized discharge.
3. He provides no additional documentary evidence in support of this 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. He enlisted in the Army National Guard (ARNG) on 22 June 1988 and entered Initial Active Duty for Training (IADT) on 13 September 1988. He completed IADT and was awarded the military occupational specialty of cannon crewman.
3. He was released from active duty for training on 15 December 1988 and transferred to his ARNG unit. He completed 3 months and 3 days of active service during this period. His DD Form 214 for this period of service shows his characterization of service as uncharacterized, a separation authority of
Army Regulation 635-200 (Personnel Separations Enlisted Separations), paragraph 4-2h, and the reason for separation was due to completion of IADT.
4. He continued to serve in the ARNG until he was honorably discharged effective 21 June 1994.
5. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
6. Paragraph 4-2h of Army Regulation 635-200, in effect at the time, provided that ARNG of the United States (ARNGUS) and U.S. Army Reserve (USAR) Soldiers who successfully completed a period of IADT to which ordered would be separated under the authority of chapter 4 of this regulation. It further provided that the characterization of service of Soldiers separated under this chapter who are in an entry-level status would be uncharacterized, even though they completed their IADT successfully.
7. Army Regulation 635-200 stated for ARNG and USAR Soldiers, entry level status begins upon enlistment in the ARNG and USAR. It terminates for Soldiers ordered to IADT for one continuous period 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. Regulatory policy in effect at the time provided that the characterization of service for ARNG Soldiers released from active duty while in an entry-level status would be uncharacterized, even though they completed their IADT successfully. The evidence indicates when he successfully completed IADT he was in an entry level status. As such, there is no basis to change the characterization of service on his DD Form 214.
2. 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.
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) AR20110015134
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ABCMR Record of Proceedings (cont) AR20110015134
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