IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000508
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 item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 September 1990 from "uncharacterized" to "honorable."
2. The applicant states he needs his character of service changed to honorable in order to buy back time for retirement purposes. He completed his first enlistment and he is still a member of the Michigan Army National Guard (MIARNG).
3. The applicant provides his DD Form 214 for the period ending 21 September 1990.
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 MIARNG on 14 February 1989 for a period of 8 years.
3. With prior active and inactive service, he entered active duty for training (ADT) on 27 June 1990. He successfully completed training and he was awarded military occupational specialty 62B (Construction Equipment Repairer).
4. On 21 September 1990, he was released from ADT to the control of his ARNG unit.
5. The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of ADT with an uncharacterized character of service. He completed 2 months and 25 days (or 85 days) of net active service this period.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 3 describes the different types of characterization of service. The version of the regulation in effect at the time of his separation stated an uncharacterized separation is an entry-level separation. A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized. For Soldiers ordered to initial ADT, entry-level status terminates 180 after beginning training.
b. Chapter 4 provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of the service obligation. A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable unless the Soldier is in an entry-level status and the service is uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered ADT on 27 June 1990 and he was released from ADT on 21 September 1990. He completed 2 months and 25 days (85 days) of net active service this period and he received an uncharacterized character of service.
2. As an ARNG Soldier attending ADT, his entry-level status would terminate 180 days after entering initial ADT. As he served for 85 days and he was still in an entry-level status at the time of his separation, he correctly received an uncharacterized character of service.
3. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for retirement or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his/her military records.
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 served on active duty long enough for his or her character of service to be rated as honorable or otherwise.
5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130000508
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