IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20120022182
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 change of his uncharacterized character of service to honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that his character of service should be honorable because he completed his Advanced Individual Training (AIT) and he was awarded the primary military occupational specialty (MOS) 63Y(Track Vehicle Mechanic). In addition, he has over 27 years of service with the Idaho Army National Guard (IDARNG) with two deployments to Iraq.
3. The applicant provides:
* DD Form 214, for the period 6 January to 21 May 1986
* Basic Training Certificate
* Letter of Commendation, dated 6 March 1986
* Track Vehicle Mechanic Course Diploma, dated 16 May 1986
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. Having completed his Basic Training and MOS training, the applicant was released from initial active duty training (IADT) and returned to his IDARNG unit of assignment, effective 21 May 1986. The DD Form 214 he was issued at the time shows in:
* item 12c (Net active service this period) he was credited with 4 months and 16 days of net active service
* item 23 (Type of Separation) he was released from ADT
* item 24 (Character of Service) the entry "ENTRY LEVEL SEP - UNCHARACTERIZED"
3. The applicant provided his:
* Basic Training Certificate for the period 10 January to 6 March 1986
* Track Vehicle Mechanic Course (611-63Y1O) diploma for the period
10 March to 16 May 1986
4. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel.
a. 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 ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted (emphasis added).
b. The glossary defines entry level status for ARNG Soldiers, as beginning upon enlistment in the ARNG. It terminates:
(1) For Soldiers ordered to IADT for one continuous period of 180 days after beginning training or
(2) For Soldiers ordered to IADT for the split or alternate training option of 90 days after beginning Phase II (Advanced Individual Training (AIT)). (Soldiers completing Phase I (Basic Training (BT) or Basic Combat Training (BCT)) remain in entry level status until 90 days after beginning Phase II.)
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change his character of service to honorable was carefully considered but there is no basis to grant relief.
2. The governing regulation provides that a separation will be described as an entry-level separation with service uncharacterized if separation occurs while a Soldier is in an entry-level status (i.e., has completed no more than 180 days of active duty).
3. The applicant entered IADT on 6 January 1986. He completed his BT and AIT and he was released from active duty on 21 May 1986. He was credited with 4 months and 16 days (136 days) of net active service this period. Thus, available records confirm he was in an entry-level status and his character of service for the period of service under review is correctly recorded as "uncharacterized" with no error.
4. 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 or on active duty long enough for his character of service to be rated as honorable or otherwise.
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) AR20120022182
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ABCMR Record of Proceedings (cont) AR20120022182
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