IN THE CASE OF:	  

		BOARD DATE:	 27 February 2014 

		DOCKET NUMBER:  AR20130010359 


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 an upgrade of his uncharacterized discharge to an honorable discharge.

2.  The applicant states, in effect, the Federal Employees Retirement System requires that the DD Form 214 (Certificate of Release or Discharge from Active Duty) show his military service was honorable to count toward retirement. 

3.  The applicant provides a letter from the Office of Personnel Management (OPM) and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Minnesota Army National Guard (MNARNG) under the split training option on 1 April 1999.  He enlisted for training in military occupational specialty (MOS) 63B (Light Vehicle Mechanic).  

2.  He entered active duty on 31 May 1999.  He completed basic training and he was released from active duty on 5 August 1999.  He was issued a DD Form 220 (Active Duty Report) that captured his 67 days of active service from 31 May to
5 August 1999. 

3.  He entered active duty for training (ADT) on 24 May 2000 for advanced individual training (AIT).  He successfully completed the 10-week Light Wheel Vehicle Mechanic Course.  He was released from ADT on 16 August 2000 to the control of his State ARNG.  
4.  The DD Form 214 he was issued at the time of release from ADT shows he completed 2 months and 23 days of active service.  Item 24 (Character of Service) of this form shows the entry "Uncharacterized."

5.  On 8 March 2013, the Army Discharge Review (ADRB) reviewed his discharge and determined he was properly and equitably discharged.  As such, the ADRB denied his request to change the character and/or the reason for his discharge.  

6.  He submitted a letter, dated 15 October 2012, from OPM that informed him that his service from 24 May to 16 August 2000 was not included in the computation of his annuity because it does not show he received an honorable discharge. 

7.  Army Regulation 635-200 (Personnel Separations) describes the different types of characterization of service.  Chapter 3 of the version in effect at the time stated a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status, except in the following circumstances:

	a.  When characterization Under Other Than Honorable Conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

	b.  The Secretary of the Army, on a case–by–case basis, determines that characterization of service as Honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government and Secretarial plenary authority.

	c.  For ARNG and U.S. Army Reserve (USAR) Soldiers, entry level status begins upon enlistment in the ARNG or USAR.  It terminates:

* For Soldiers ordered to ADT for a continuous period—180 days after beginning training
* For Soldiers ordered to ADT for the split or alternate training option—90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II


8.  Army Regulation 635-200, 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.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier including:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice.

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty.

	c.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of AIT under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered active duty on 31 May 1999 and he completed basic training on 5 August 1999.  Since his active duty was less than 90 days, he was issued a DD Form 220 that captured this period of active service.  

2.  He again entered ADT on 24 May 2000 and he was released from active duty on 16 August 2000.  Although this period of active duty was less than 90 days, it 

resulted in the award of an MOS.  Therefore, a DD Form 214 was issued.  He completed 2 months and 23 days of creditable active service and he received an uncharacterized discharge.  He was still in an entry level status at the time.

3.  For ARNG/USAR Soldiers ordered to ADT for the split or alternate training option entry level status terminates 90 days after beginning Phase II (AIT).  The applicant in this case falls into this category.  He was still in initial entry training.

4.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and the characterization must be approved by the Secretary of the Army.  

5.  The entry-level separation (uncharacterized) is given regardless of the reason for separation.  This uncharacterized character of service is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.  The applicant received the appropriate character of service. 

6.  There is no error or injustice in this case.  He was assigned the proper characterization of service.  As a result, there is no basis for granting his 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)                                         AR20130010359





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ABCMR Record of Proceedings (cont)                                         AR20130010359



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