BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024574
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 his discharge be changed from uncharacterized to honorable.
2. The applicant states that his active duty time was for his advanced individual training (AIT). He states he satisfactorily graduated from the course without any disciplinary action or problems. He further states that it has now been brought to his attention he is unable to receive military educational benefits he earned for his active duty service due to his character of service. He was told in order to qualify for assistance his DD Form 214 must be corrected to show his character of service as honorable.
3. The applicant provides a copy of 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 Iowa Army National Guard (IAARNG) on
12 March 1990. He entered initial active duty for training (IADT) on
12 June 1991, and was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember).
3. He was released from IADT on 3 August 1991, after completing 1 month and 20 days of active military service.
4. The DD Form 214 he was issued at the time shows he was released from IADT under the provisions of Army Regulation 635-200, paragraph 4-2h, for completion of IADT. Item 24 (Character of Service) contains the entry "uncharacterized."
5. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),
Chapter 3 (Character of Service/Description of Separation), states service of Soldiers in an entry level status (ELS) will be described as "uncharacterized." The regulation defines ELS for Reserve Component (RC) Soldiers as 180 days for Soldiers ordered to IADT for one continuous period. For RC Soldiers ordered to IADT under the split or alternative training option, ELS terminates 90 days after beginning Phase II advanced individual training. Soldiers completing Phase I basic combat training remains in ELS until 90 days after beginning Phase II.
6. Chapter 4 (Separation for Expiration of Service Obligation) pertains to separation for Expiration of Service Obligation. Paragraph 4-2h (Discharge or REFRAD upon termination of enlistment, and other periods of active duty or active for training), states ARNG and U.S. Army Reserve (USAR) Soldiers who are in ELS and who successfully complete a period of IADT their service will be uncharacterized, even though they completed their IADT successfully.
DISCUSSION AND CONCLUSIONS:
1. The applicant request that his discharge be changed to honorable has been carefully considered. However, by regulation, the service of members separated while in ELS will be described as uncharacterized. As a result, the uncharacterized entry in item 24 of his DD Form 214 is appropriate and was assigned in accordance with the applicable regulation.
2. An uncharacterized character of service 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.
3. 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) AR20110024574
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ABCMR Record of Proceedings (cont) AR20110024574
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