IN THE CASE OF:	  

		BOARD DATE:	 11 September 2012 

		DOCKET NUMBER:  AR20120003710 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, at a minimum, that his service was under honorable conditions.

2.  The applicant states he completed active duty for training (ADT) without incident; however, item 24 (Character of Service) on his DD Form 214 was recorded as "uncharacterized."

	a.  He states he completed the required training, his training evaluations do not show any adverse information, and his duty performance was satisfactory.

	b.  He adds he continued to serve honorably for 10 years in the U.S. Army Reserve (USAR).

3.  The applicant provides:

* A DA Form 87 (Certificate of Training), dated 10 November 1988
* A Fort Leonard Wood (FLW) Form 64 (Counseling Record for Initial Entry Training (IET) Soldiers), dated 12 November 1988
* His DD Form 214 for the period ending 10 February 1989
* A DD Form 256A (Honorable Discharge Certificate), dated 20 August 1996


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.  The applicant enlisted in the USAR on 9 August 1988 for a period of 8 years.

3.  Orders 159-26, issued by the Chicago Military Entrance Processing Station, Des Plaines, IL, dated 9 August 1988, ordered the applicant to Initial ADT (IADT) on 8 September 1988 for a period of 17 weeks or completion of basic and military occupational specialty (MOS) training.

4.  Orders 12-193, issued by Headquarters, U.S. Army Engineer Center, FLW, MO, dated 12 January 1989, awarded the applicant MOS 62B (Construction Equipment Repairer) effective 10 February 1989.

5.  A DD Form 214 shows the applicant entered IADT on 8 September 1988 and he was released from ADT on 10 February 1989 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of completion of ADT.  The character of service shown on this DD Form 214 shows the entry "uncharacterized."  It further shows he:

	a.  completed 5 months and 3 days of net active service this period, and

	b.  was transferred back to his USAR assigned unit in Harvey, IL to complete his Reserve obligation.

6.  In support of his request, the applicant provides:

	a.  A DA Form 87, dated 10 November 1988, that shows he successfully completed Basic Training.


	b.  an FLW Form 64, dated 12 November 1988, that shows during Phase 4 of his training he was rated "2" (Meets Standards) in all evaluated areas.

	c.  a DD Form 256A, dated 20 August 1996, that shows he was honorably discharge from the USAR on that date.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

   a.  Chapter 3 (Character of Service/Description of Service):

   	(1)  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.  Only the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted (emphasis added): and

   	(2)  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge.

	b.  Chapter 4 (Separation for Expiration of Service Agreement) provides that a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

	c.  Section II (Terms) of the glossary states that for Reserve Soldiers, entry-level status begins upon enlistment in the USAR.  For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was released from ADT either honorably or under honorable conditions because his duty performance was satisfactory.

2.  Records show the applicant was ordered to IADT on 8 September 1988 and he was released from ADT on 10 February 1989.  He completed 5 months and
3 days (or 153 days) of training.  Therefore, the evidence of record shows that the applicant was in an entry-level status when he was released from ADT.

3.  The evidence of record shows that an entry-level status Soldier's separation with be "uncharacterized."

4.  Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 4, based on completion of ADT was administratively correct and in compliance with applicable regulations in effect at the time.  In addition, the character of service entered in item 24 of his DD Form 214 was proper and correct.

5.  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 as honorable or otherwise.

6.  In view of the foregoing, the applicant 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 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)                                         AR20120003710



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ABCMR Record of Proceedings (cont)                                         AR20120003710



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