IN THE CASE OF:	  

		BOARD DATE:	    17 September 2013

		DOCKET NUMBER:  AR20130001951 


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 that the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 December 1989 be changed to show "honorable" instead of "uncharacterized."

2.  The applicant states he completed basic and advanced individual training.  He had honorable active duty service, has an Honorable Discharge Certificate, and has a 10-point veteran preference status.  He wants to buy his military time back for retirement purposes at his current job and was told that he was not eligible to complete a military buy back because his service is listed as uncharacterized. 

3.  The applicant provides:

* U.S. Postal Service letter
* Estimated Earnings During Military Service document
* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Department of Veterans Affairs (VA) Rating Decision Code Sheet and associated documents 

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.  On 11 July 1989, he enlisted in the Regular Army.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).

3.  His record contains general counseling statements showing he was found to have a poor, sullen, and uncooperative attitude despite several counseling sessions and that he was being recommended for discharge under the provisions of Chapter 11 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and that his service would be uncharacterized.

4.  A memorandum, subject: Separation Action "UP" Paragraph 11-3a, Army Regulation 635-200, states separation action was being initiated on the applicant due to his uncooperative attitude. 

5.  On 19 December 1989, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 11-3a, and directed he be given an entry level discharge.

6.  On 27 December 1989, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 5 months and 17 days of creditable active service during this period.  It further shows his characterization of service as "uncharacterized"; a separation authority of  Army Regulation 635-200, paragraph 11a; and he was given a narrative reason for separation of "entry level status."

7.  He provides a VA Rating Decision Code Sheet, dated 9 May 1995, showing he had a 10 percent disability rating for bilateral pes planus with right hallux valgus.  A VA letter addressed to him dated 23 July 1999, states according to VA records he was rated 50 percent or more for a service-connected permanent disability. 

8.  He provides a U.S. Postal Service letter addressed to him stating in order to be eligible to complete a military buy back and count the service toward his retirement computation date, the character of service must be "honorable."
9.  He provides a DD Form 256A showing he received an honorable discharge on 15 July 1997.

10.  U.S. Army Reserve Personnel Center, Orders D-07-752645, dated 15 July 1997, show he was honorably discharged effective 15 July 1997 which was upon completion of his military service obligation.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

12.  Army Regulation 635-200, chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.

	a.  When separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the Soldier normally will be separated per this chapter.

	b.  It further provides that this policy applies to Soldiers who were in an entry level status and had demonstrated that they were not qualified for retention.  The following conditions were illustrations of conduct that did not qualify for retention:

* could or would not adapt socially or emotionally to military life
* could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline
* had demonstrated character and behavior characteristics not compatible with satisfactory continued service
* had failed to respond to counseling

	c.  Service is uncharacterized for separation under the provisions of this chapter.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his character of service has been carefully considered.  However, there is insufficient evidence to support his request.

2.  Regulatory policy provides that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  The applicant was in the first 180 days of continuous active duty service when he was discharged under the provisions of Army Regulation 635-200, chapter 11.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  It is noted that upon termination of his 8-year service obligation he was given an Honorable Discharge Certificate.

4.  The Board does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  

5.  In view of the foregoing, 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)                                         AR20130001951



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ABCMR Record of Proceedings (cont)                                         AR20130001951



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