BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019598 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to amend item 24 (Character of Service) to show honorable instead of uncharacterized.

2.  He states he is applying for medical benefits from the Department of Veterans Affairs.

3.  He provides a copy of his 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.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 29 April 1988 for 8 years.

3.  The applicant's DD Form 214 shows he entered active duty (AD) for training (ADT) on 17 May 1988.  Upon completion of training, he was awarded military occupational specialty (MOS) 31M (Multichannel Communications System Operator).

4.  On 15 November 1988, he was released from ADT and transferred to Company C, 99th Signal Battalion, USAR, after completing 5 months and 29 days of net active service.  The same DD Form 214 also contains the following entries:

* item 23 (Type of Separation) – release from ADT
* item 24 – uncharacterized
* item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4
* item 26 (Separation Code) – LBK
* item 27 (Reentry Code) – not applicable
* item 28 (Narrative Reason for Separation) – expiration of term of service

5.  USAR Personnel Center Orders D-04-639340, dated 30 April 1996, show he was honorably discharged from the USAR on 30 April 1996.  An Honorable Discharge Certificate and discharge orders were mailed to his last known address on 23 May 1996.

6.  Army Regulation 635-5 (Separation Documents), paragraph 2-1, provides instructions for preparing the DD Form 214.

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous AD.  It is not intended to have any legal effect on termination of a Soldier's service.

	b.  A DD Form 214 will be prepared for Reserve Component (RC) Soldiers upon completion of initial ADT that results in award of an MOS, even when the AD period was less than 90 days.

	c.  Paragraph 2-4 provides line-by-line instructions for completing the DD Form 214 and states the characterization or description of service is determined by directives authorizing separation.

7.  Army Regulation 635-200 lists the various authorized types of characterization of service or description of separation as honorable, general under honorable conditions, or under other than honorable conditions.  It specifies that separation from an entry-level status will be uncharacterized and so indicated in item 24 of the DD Form 214.

8.  Chapter 4 of Army Regulation 635-200 states a Soldier will be discharged or released from AD upon termination of enlistment and other periods of AD or ADT.  It specifies that "Soldiers of the USAR ordered to AD for a period in excess of 90 days will, upon release from AD, revert to control of the appropriate RC" and the "service of Soldiers specified in this paragraph who are in an entry-level status will be uncharacterized, even though they have completed their initial ADT successfully."

9.  A member of an RC who is not on AD or who is serving under a call or order to AD for 180 days or less, begins entry-level status upon enlistment in an RC.  Entry-level status of such a member of an RC terminates:  (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of AD.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he entered his initial ADT on 17May 1988, completed training, and was awarded MOS 31M.  He was released from ADT on 15 November 1998 and was in an entry-level status at the time of his release.

2.  By regulation, service of RC Soldiers who are in an entry-level status will be uncharacterized, even though they have completed their initial ADT successfully.  Therefore, his DD Form 214 correctly shows his service as uncharacterized.

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 served on AD long enough for his or her character of service to be rated.

4.  The evidence also shows that upon completion of his required service in the USAR, he was issued honorable discharge orders and an Honorable Discharge Certificate, both of which are official separation documents for completion of service in the USAR.

5.  In view of the foregoing, he is not entitled to the 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 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)                                         AR20110019598



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ABCMR Record of Proceedings (cont)                                         AR20110019598



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