IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110024013
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 entry level status to honorable.
2. The applicant states the character of service shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and an Honorable Discharge Certificate.
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) for 8 years on 5 October 1987. He was ordered to initial active duty for training (IADT) effective 11 November 1987.
3. On 8 April 1988, he completed his training as a food service specialist and was released from IADT. He was transferred to the USAR to complete his military service obligation.
4. His DD Form 214 shows he had completed 4 months and 28 days of IADT (approximately 148 days). He was given a character of service of entry level status.
5. The applicant was discharged from the USAR on 10 October 1995, at the completion of his Reserve service obligation. He received an Honorable Discharge Certificate.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty (REFRAD), retirement, or discharge.
7. Chapter 3 of Army Regulation 635-200 describes the different types of characterization of service. It states that 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, (first 180 days), except when characterization under other than honorable conditions 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The governing regulation requires the DD Form 214 to be prepared to reflect an individual's service, as it exists on the date of REFRAD, retirement, or discharge.
3. The entry level status characterization of service he was given was appropriate because he had completed less than 180 days of active service. An entry level status or 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.
4. In view of the foregoing, the applicant's requests should be denied.
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) AR20110024013
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ABCMR Record of Proceedings (cont) AR20110024013
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