BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019786
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 item 24 (Character of Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable" and item 28 (Narrative Reason for Separation) to show he was separated for medical reasons.
2. The applicant states the entries are in error and he needs medical care through the Department of Veterans Affairs.
3. The applicant provides a DD Form 214 and a discharge packet.
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 U.S. Army Reserve (USAR) on 27 February 2006 and entered active duty for training (ADT) on 14 March 2006.
3. U.S. Army Combined Arms Support Command, Fort Lee, VA Orders Number 166-00231, dated 15 June 2006, awarded him military occupational specialty (MOS) 92F (Petroleum Supply Specialist) with an effective date of 11 August 2006 or upon course completion.
4. On 11 August 2006, he was released from ADT and transferred to his USAR unit. He was issued a DD Form 214 that shows the character of his service as "uncharacterized" and the narrative reason for separation is shown as "completion of required active service."
5. There is no evidence in his Official Military Personnel File showing he was released form ADT for medical reasons. There is also no evidence suggesting he committed any type of misconduct that would have precluded the issuance of an honorable characterization of service upon his release from ADT.
6. He provided a discharge packet that shows he was processed for separation from the USAR due to a medical disqualification and that he was given an honorable discharge from the USAR on 22 August 2011.
7. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-9 (Uncharacterized Separations) provides that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when:
a. Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.
b. Headquarters, Department 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. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority.
c. The Soldier has less than 181 days of continuous active military service, has completed initial entry training (IET), has been awarded an MOS, and has reported for duty at a follow-on unit of assignment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the character of his service as honorable and he was separated for medical reasons has been carefully considered.
2. Evidence confirms he completed IET and was awarded an MOS and there is no evidence of any type of misconduct that would have precluded the issuance of an honorable characterization of service upon completion of ADT. It is evident that an error was made in the preparation of his DD Form 214 in that it shows the character of his service as "uncharacterized." Therefore, it would be appropriate to correct item 24 of his DD Form 214 to show his service as "honorable."
3. There is no evidence showing he was released from ADT on 11 August 2006 for medical reasons. His August 2011 discharge from the USAR for medical reasons does not warrant changing his August 2006 DD Form 214. Therefore, item 28 of his DD Form 214 appears to be correct and as a result, there is no basis to grant this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ __X______ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to show the character of his service as "honorable."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to changing the current entry on item 28 of his DD Form 214 to show separation for medical reasons.
_______ _ _______ ___
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) AR20110019786
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ABCMR Record of Proceedings (cont) AR20110019786
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