IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120021092


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 his character of service was "honorable" or "under honorable conditions (general)," instead of "uncharacterized."

2.  The applicant states he is trying to process his medical retirement and buy back his military time; however, in order to accomplish this, his DD Form 214 cannot characterize his service as "uncharacterized."  His DD Form 214 must state his service was "honorable" or "under honorable conditions (general)," instead of "uncharacterized."

3.  The applicant provides:

* DD Form 214
* a letter from the Army Benefits Center – Civilian, Fort Riley, KS, dated       1 November 2012
* Orders 230-639, issued by Joint Force Headquarters, Arizona Army National Guard (AZARNG), dated 17 August 2012

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 AZARNG on 15 August 1986.  

3.  On 14 January 1987, he entered initial active duty for training (IADT).  

4.  On 5 June 1987, upon the completion of his initial entry training, he was awarded military occupational specialty 67V (Observation/Scout Helicopter Repairer), released from active duty, and returned to the control of the AZARNG. His DD Form 214 contains the following entries:

* Item 12c (Net Active Service This Period) – 4 months and 22 days
* Item 23 (Type of Separation) – Relief from Active Duty Training
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200, paragraph 4-2
* Item 28 (Narrative Reason for Separation) – Expiration Term of Service

5.  On 16 November 2012, he was honorably discharged from the AZARNG and transferred to the U.S. Army Reserve Control Group (Retired Reserve).

6.  He provides a letter from the Army Benefits Center – Civilian, Fort Riley, KS, which states that periods of service documented on a DD Form 214, characterized as "uncharacterized," cannot be used for the purpose of establishing an earlier retirement date for Department of the Army civilian employees.

7.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-7a states an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier’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 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 reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.
8.  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 of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to active duty for training (ADT) for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier 
is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he entered ADT, completed 4 months and 22 days of active service, was released from ADT on 5 June 1987, and received an uncharacterized characterization of service.  There is no evidence of record to show he was on split training.

2.  The applicant was an AZARNG Soldier attending IADT; as such, his entry level status would have terminated 180 days after he entered IADT.  At the time of his separation, he had served 144 days, so he was still in an entry-level status. Therefore, his DD Form 214 correctly shows his service was uncharacterized and he is not entitled to the requested relief.

3.  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.  As a result, there is no basis for granting the applicant's request.

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)                                         AR20100000887



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ABCMR Record of Proceedings (cont)                                         AR20120021092



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