IN THE CASE OF:	  

		BOARD DATE:  14 November 2013

		DOCKET NUMBER:  AR20130004938 


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 the characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 May 1991 to show "honorable" instead of "uncharacterized" service.

2.  The applicant states this service must be characterized as honorable for it to be credited toward his Federal service.  He graduated from basic training on schedule with no problems and was a platoon leader during that training.  However, during out-processing to go to his advanced individual training (AIT) he was informed that the Army could not uphold its part of his contract for the military occupational specialty (MOS) training for which he had enlisted, because the MOS he selected was being downsized and he had greater than a 48-month break in service. 

3.  The applicant provides his DD Form 214 for the period ending 16 May 1991 and a Basic Training Completion Certificate.

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 27 February 1991, after prior active Air Force service, he enlisted in the Regular Army.  He completed Army basic training on 2 May 1991.

3.  On 3 May 1991, the applicant's commander informed him that he was being recommended for entry level separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 7-16, due to an unfulfilled enlistment.

4.  His commander stated in a letter to the chain of command that the Special Operations Forces branch refused to recognize the exception to policy for a 
60-month break in active duty service and refused to accept the applicant's AIT.  He stated that on 26 April 1991 the applicant had been given the option to select another MOS or elect separation.  The applicant requested separation in accordance with Army Regulation 635-200, paragraph 7-16.

5.  On 10 May 1991, the separation authority approved an entry-level separation under the provisions of Army Regulation 635-200, paragraph 7-16, due to an unfulfilled enlistment commitment, with uncharacterized service.

6.  Accordingly, on 16 May 1991, he was discharged from active duty.  He completed 2 months and 20 days of active service during this period.  His DD Form 214 for this period of service shows his service as "uncharacterized," a separation authority of Army Regulation 635-200, paragraph 7-16, and the narrative reason for separation as "unfulfilled enlistment commitment."

7.  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 service.

8.  Army Regulation 635-200, paragraph 7-16, states an unfulfilled enlistment commitment exists when the Soldier received a written enlistment commitment from recruiting personnel for which the Soldier was qualified but which cannot be fulfilled by the Army and the Soldier did not knowingly take part in the creation of the unfulfilled enlistment commitment.  It further states that when an unfulfilled enlistment commitment is discovered while an individual is being processed at the reception station or undergoing basic or initial AIT, the continental United States commander exercising special court-martial jurisdiction or any higher commander may approve a request for discharge.  Before approving the request for discharge, appropriate actions should be taken to resolve individual cases and to determine alternate options available.

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, paragraph 7-16, for an unfulfilled enlistment commitment.  

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

4.  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)                                         AR20130004938



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ABCMR Record of Proceedings (cont)                                         AR20130004938



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