BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130015870
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 uncharacterized discharge to honorable.
2. The applicant states he would be eligible for some State benefits if his service was characterized as "honorable."
3. The applicant provides a copy of 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 enlisted in the U.S. Army Reserve (USAR) on 26 October 1993 for a period of 8 years.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty for training (ADT) on 3 February 1994. He was released from ADT on 25 May 1994 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4 (Completion of Required Active Service). Item 24 (Character of Service) shows the entry "uncharacterized." It also shows he:
a. completed the Interior Electrician course and was awarded military occupational specialty 51R (Interior Electrician);
b. completed 3 months and 23 days of net active service this period; and
c. was transferred to the control of his USAR unit.
4. Headquarters, 88th Regional Support Command, Fort Snelling, MN, Orders 02-042-023, dated 11 February 2002, honorably discharged the applicant from the USAR, effective on this date.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, provides, in part, the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or ADT, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.
b. Section II (Terms) of the glossary states that entry-level status for Reserve Soldiers begins upon enlistment in the USAR and, for Soldiers ordered to ADT for one continuous period, it terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was ordered to ADT on 3 February 1994 and he was released from ADT on 25 May 1994. He had completed 3 months and 23 days of active service. He was in an entry-level status when he was released from ADT.
2. The regulatory guidance states an entry-level status Soldier's separation will be "uncharacterized."
3. Records show the applicant's separation under the provisions of Army Regulation 635-200, chapter 4, based on completion of required active service was administratively correct and in compliance with applicable regulations in effect at the time. In addition, the character of service entered in item 24 of his DD Form 214 was proper and correct.
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. In addition, the Board does not change a characterization of service solely for the purpose of allowing the period of service to be recognized as creditable service by other government agencies.
5. In view of the foregoing, the applicant is not entitled to the 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) AR20130015870
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