IN THE CASE OF:	  

		BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120007403 


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 uncharacterized discharge to show his character of service as honorable.

2.  He states he was honorably discharged.  His discharge certificate and discharge orders both show his service as honorable.

3.  He provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* orders ordering him to initial active duty for training (IADT)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Training
* orders discharging him from the U.S. Army Reserve (USAR)
* 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 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 January 1989.

3.  He was ordered to IADT effective 1 February 1989 for approximately 24 weeks.

4.  He was released from IADT on 29 July 1989 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of completion of IADT.  At the completion of IADT, he was awarded military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).  His DD Form 214 shows he completed 5 months and 29 days of active duty service.

5.  He provided a Certificate of Training which shows he completed the 88M1O Motor Transport Operator Phase II Class Number 027, Fiscal Year 1997, on 27 August 1997.

6.  USAR Personnel Command Orders D-09-857219, dated 1 September 1998, honorably discharged the applicant from the USAR effective 1 September 1998 under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel).

7.  He provided his Honorable Discharge Certificate which shows he was honorably discharged from the USAR on 1 September 1998.

8.  Army Regulation 135-178 provides that entry-level status is defined as the first 180 days of continuous active service.  Entry-level service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry-level status.  Upon enlistment, a Soldier qualifies for entry-level status during:

	a.  the first 180 days of continuous active military service or

	b.  the first 180 days of continuous active service after a service break of more than 92 days of active service; and

	c.  a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status for such a member of a Reserve Component terminates:

		(1)  180 days after beginning training if the Soldier is ordered to active duty for training for one continuous period of 180 days or more; or

		(2)  90 days after the beginning of the second period of active duty for training if the Soldier is ordered to active duty for training under a program that splits the training into two or more separate periods of active duty.

9.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  Paragraph 1-4 states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  Personnel included are members of the Army National Guard and the USAR separated:

	a.  for physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty;

	b.  after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty for operational support; and

	c.  after completing IADT which resulted in the award of an MOS, even though the active duty was less than 90 days.  This includes completion of advanced individual training under the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR on 9 January 1989.  He was ordered to IADT on 1 February 1989 and was released from IADT on 29 July 1989 (a period of 5 months and 29 days).  His period of active duty service was uncharacterized.

2.  He was in an entry-level status at the time of his separation from IADT because he completed fewer than 180 days of active Federal service.  The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while an in an entry-level status.  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 active duty long enough for his or her character of service to be rated.

3.  Since the applicant completed less than 180 days of active Federal service, his DD Form 214 properly reflects his service as uncharacterized.  Therefore, there is no basis for granting relief in this case.

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)                                         AR20120007403



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ABCMR Record of Proceedings (cont)                                         AR20120007403



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