IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120021852
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the character of his service as general under honorable conditions instead of uncharacterized.
2. The applicant states he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program and completed basic combat training and advanced individual training (AIT) while serving with his USAR unit. He contends that upon completion of AIT, he returned to his USAR unit for drills (training assemblies). The unit was later downsized forcing the members to look for other units or request an early release. He knows he served honorably, but his DD Form 214 makes it look like he never served.
3. The applicant provides no additional evidence.
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's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the USAR on 30 March 1990 for a term of 8 years. It does not show he enlisted in a Delayed Entry Program.
3. Military Entrance Processing Station, Minneapolis, MN, Orders 65-18, dated 30 March 1990, ordered him to initial active duty for training (IADT) with a reporting date of 19 June 1990. These orders show the training period was for approximately 10 weeks or until completion of initial split training.
4. Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, TX, memorandum, dated 20 July 1990, subject: Active Duty Report, states he served on active duty from 19 June to 24 August 1990 (67 days).
5. His DA Form 2-1 (Personnel Qualification Record Part II) shows he later attended AIT at Fort Sam Houston, TX, from 10 July through 1 October 1991. He was issued a DD Form 214 that shows he completed 2 months and 22 days (84 days) of active duty service during this period. His DD Form 214 also shows the entry "UNCHARACTERIZED" in block 24 (Character of Service) and the entry "COMPLETION OF PERIOD OF ADT [active duty for training]" in block 28 (Narrative Reason for Separation).
6. Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel. Chapter 3 describes the different types of service characterization. It provides 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 an entry-level status, except when the characterization of under other than honorable condition is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For USAR Soldiers ordered to IADT for the split or alternate training option, entry-level status terminates 90 days after the beginning of phase II (AIT). Chapter 4, in effect at the time of his release from active duty, provided that the service of USAR Soldiers ordered to IADT who were in an entry-level status would be uncharacterized even though they completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the character of his service as general under honorable conditions instead of uncharacterized has been carefully considered.
2. The evidence shows he did not serve on active duty for 90 days or more after the beginning of AIT. In accordance with the governing regulation at the time, his service was properly uncharacterized.
3. There is no evidence and the applicant has failed to provide evidence which shows his uncharacterized release from active duty is in error or otherwise contrary to law or regulations. Therefore, there is no basis to change his character of service as requested.
4. An uncharacterized discharge is not meant to be a negative reflection of the Soldier's service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.
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) AR20120021852
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ABCMR Record of Proceedings (cont) AR20120021852
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