IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019068
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 change of his uncharacterized discharge to an honorable discharge.
2. The applicant states:
* he served honorably and he was discharged due to family hardship, not misconduct or disciplinary issues
* his veterans benefits claim cannot be filed until his discharge is upgraded
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 enlisted in the Army National Guard (ARNG) on 8 August 1990 for a period of 8 years. He was ordered to active duty for training (ADT) on
13 September 1990. On 11 January 1991, he was released from ADT and he was transferred to his ARNG unit to complete his remaining service obligation. Item 24 (Character of Service) of his DD Form 214 shows the entry "UNCHARACTERIZED."
3. He was discharged from the ARNG on 1 October 1991 with a general discharge for being an unsatisfactory participant and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. On 11 August 1998, he was honorably discharged from the USAR.
4. Army Regulation 635-200 (Personnel Separations Enlisted Personnel) 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 ADT. 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 service.
5. 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. A discharge is not changed for the purpose of obtaining veterans benefits.
2. The evidence shows the applicant was ordered to ADT in 1990 for a period of 3 months and 29 days. Since he was in an entry-level status when he was released from active duty in 1991, his character of service was uncharacterized which is properly reflected in item 24 of his DD Form 214.
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.
4. In view of the foregoing, there is no basis for granting the applicant's requested 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) AR20110019068
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