BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130001472
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, change of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show something other than uncharacterized.
2. The applicant states he completed his obligations. He has a business and without the change or upgrade of his discharge, he cannot be verified as a veteran-owned business.
3. The applicant provides his DD Form 214.
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 records show he enlisted in the Louisiana Army National Guard (LAARNG) for a period of 8 years on 30 January 1989.
3. He entered active duty for training (ADT) on 21 February 1989. He successfully completed training and he was awarded military occupational specialty 62B (Construction Equipment Repairer).
4. On 7 July 1989, 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 4 months and 17 days (or 137 days) of creditable active service.
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 (IADT), 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 IADT on 21 February 1989 and he was released from ADT on 7 July 1989. He completed 4 months and 17 days (137 days) of active service and received an uncharacterized character of service.
2. As an ARNG Soldier attending IADT, his entry-level status would terminate 180 days after entering IADT. As he served for 137 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 employment 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) AR20130001472
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001472
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003927
Upon his first discharge from active duty in 1990, he was told that they couldnt put honorable on his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he had served less than 180 days. Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor. Notwithstanding the DD Form 214 of another individual submitted by the applicant, the evidence shows the applicant, as a member of the USAR, was in an entry level status during his...
ARMY | BCMR | CY2013 | 20130000508
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." 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. A Soldier being separated upon...
ARMY | BCMR | CY2012 | 20120003710
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show, at a minimum, that his service was under honorable conditions. The applicant states he completed active duty for training (ADT) without incident; however, item 24 (Character of Service) on his DD Form 214 was recorded as "uncharacterized." A DD Form 214 shows the applicant entered IADT on 8 September 1988 and he was released from ADT on 10 February 1989 under the...
ARMY | BCMR | CY2013 | 20130018121
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as honorable vice uncharacterized. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the ARNG or USAR.
ARMY | BCMR | CY2014 | 20140003408
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable vice uncharacterized. The DD Form 214 she was issued shows she was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, by reason of completion of required active service with an uncharacterized character of service. The DD Form 214 provides a record of a...
ARMY | BCMR | CY2009 | 20090008030
Application for correction of military records (with supporting documents provided, if any). The applicant provides, in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, 2nd Troop, 104th Aviation Battalion, Annville, PA, memorandum, dated 9 December 1995; Commonwealth of Pennsylvania, Department of Military Affairs, The Adjutant General, Annville, PA, Orders 025-012, dated 6 February 1996; NGB Form 22 (Report of...
ARMY | BCMR | CY2013 | 20130010518
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as honorable vice uncharacterized. 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. A Soldier being separated upon expiration of enlistment or fulfillment of...
ARMY | BCMR | CY2010 | 20100007531
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable instead of uncharacterized. The applicant's records show that she enlisted in the Army National Guard (ARNG) on 16 March 1989 for a period of 8 years. Upon completion of her training, the applicant was released from active duty for training (ADT) on 22 February 1990 to her Minnesota ARNG (MNARNG) unit to complete her military service obligation.
ARMY | BCMR | CY2010 | 20100001219
The applicant requests that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "uncharacterized" to "honorable." The applicant states he was released from active duty in September 1995 with an uncharacterized service and he was honorably discharged from the U.S. Army Reserve (USAR) in November 2001. The DD Form 214 he was issued shows he was release from ADT under the provisions of chapter 4 of Army Regulation 635-200...
ARMY | BCMR | CY2013 | 20130017814
The applicant requests that item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 4 December 1986 be corrected to show his service was honorable instead of Entry Level Status (ELS). The applicant states: a. in order to buy back the time shown on the DD Form 214 in question, his character of service must be listed as honorable; and b. it is possible that Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers did not...