IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130010518
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as honorable vice uncharacterized.
2. The applicant states he needs his DD Form 214 changed to show he was honorably discharged in order to receive benefits.
3. The applicant provides his DD Form 214, a certificate, page 1 of his DA Form 2-1 (Personnel Qualification Record), a memorandum, and orders.
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 was a member of the U.S. Army Reserve (USAR) and he entered active duty for training (ADT) on 5 October 1989.
3. He successfully completed training and he was awarded military occupational specialty 51B (Carpentry and Masonry Specialist).
4. He was released from active duty on 3 March 1990 to the control of the USAR.
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 29 days (or 149 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 5 October 1989 and he was released from ADT on 3 March 1990. He completed 4 months and 29 days (149 days) of net active service during this period and he received an uncharacterized character of service.
2. As an USAR Soldier attending ADT, his entry-level status would terminate 180 days after entering initial ADT. As he served for 149 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 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) AR20130010518
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ABCMR Record of Proceedings (cont) AR20130010518
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