IN THE CASE OF:	   

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016954 


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 his service from uncharacterized to honorable. 

2.  The applicant states his discharge records show uncharacterized separation, entry level separation.  It should show honorable.  When his service time was up, he was issued an Honorable Discharge Certificate. 

3.  The applicant does not provide any evidence. 

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) for 8 years on 20 June 1989.  His military service obligation (MSO) date was established as 19 June 1997.  He executed a 6-month extension on 6 April 1997. 

3.  He entered active duty for training (ADT) on 6 June 1990.  He completed basic combat and advanced individual training at Fort Dix, NJ, and he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  

4.  He was released from ADT to the control of the USAR on 11 October 1990.  He completed 4 months and 6 days of active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* Item 12e (Total Prior Inactive Service) - "00-11-16"
* item 24 (Character of Service) – "UNCHARACTERIZED"

5.  Subsequent to his release from active duty, he was assigned to the 542nd Transportation Company, Kingsbury, IN, a troop program unit (TPU) of the USAR.  While assigned to this unit, he:

* satisfactorily participated in monthly unit assemblies
* executed a 6-month extension in the USAR in April 1997
* was appointed as an acting corporal on 2 June 1997
* was awarded the Army Achievement Medal on 14 June 1997

6.  On 11 December 1997, the 88th Regional Support Command, Fort Snelling, MN, published Orders 345-8 discharging him from the USAR with an uncharacterized discharge effective 18 December 1997. 

7.  Army Regulation 635-200 (Personnel Separations) describes the different types of characterization of service.  It states that an uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in an entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when 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.  Entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service.


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 purpose of the separation document is to provide the individual with documentary evidence of his or her active military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 20 June 1989 and he extended his enlistment on 6 April 1997 for 6 months.  He entered ADT on 6 June 1990 and he was released from ADT on 11 October 1990.  He was awarded MOS 88M.  

2.  He performed his duties in MOS 88M in a TPU of the USAR until his discharge in 1997.  He was awarded an Army Achievement Medal, was advanced to acting corporal, and he also extended his enlistment in April 1997.  For unknown reasons, when his discharge orders were published by the 88th Regional Support Command, the orders assigned an uncharacterized type of discharge.  He was not in an entry level status at the time of his discharge.  

3.  The applicant is entitled to correction of his discharge orders to reflect an honorable characterization of service.  

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders 345-8, issued by the 88th Regional Support Command, Fort Snelling, MN, on 11 December 1997 to show he received an honorable characterization of service.  



      _______ _   _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)                                         AR20130016954





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ABCMR Record of Proceedings (cont)                                         AR20130016954



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