IN THE CASE OF:	    

		BOARD DATE:	 27 May 2014  

		DOCKET NUMBER:  AR20130017415
 

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 he was given an honorable discharge versus an uncharacterized discharge.  

2.  The applicant states he has been unemployed since March 2012 and the current, incorrect data on his DD Form 214 does not match his Honorable Discharge Certificate.

3.  The applicant provides copies of his:

* DD Form 214, for the period ending 19 December 1984
* DD Form 256A (Honorable Discharge Certificate), dated 3 June 1992
* Orders D-06-217067, issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 2 June 1992

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 26 July 1984, the applicant enlisted in the U.S. Army Reserve (USAR). Upon his enlistment, he was assigned to the 250th Transportation Company, a Troop Program Unit of the 63rd U.S. Army Reserve Command. 

3.  On 30 July 1984, he entered active duty for the purpose of completing his initial active duty for training (IADT).  

4.  On 19 December 1984, prior to completing a military occupational specialty course of instruction, he was released from active duty and transferred to the Individual Ready Reserve.  His DD Form 214 contains the following entries:

* Item 12c (Net Active Service This Period) – 4 months and 20 days
* Item 23 (Type of Separation) – Relief from Active Duty
* Item 24 (Character of Service) – Uncharacterized
* Item 25 (Separation Authority) – Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11
* Item 28 (Narrative Reason for Separation) – Entry Level Status Performance and Conduct

5.  Orders D-06-217067, issued by ARPERCEN, St. Louis, MO on 2 June 1992, honorably discharged him from the USAR effective 3 June 1992.  

6.  On or about 17 April 1996, the Army Discharge Review Board reviewed his case and its circumstances, determined his release from active duty was proper and equitable, and denied his request for an upgrade of his character of service as stated on his DD Form 214.

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  

   a. Paragraph 3-7a provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the Soldier'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.  Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training, or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.
   b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

   c. Chapter 11 of the regulation in effect at the time (Personnel Separations – Enlisted Personnel) established policy and provided guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status.  It stated that when separation of a member in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This separation policy applied to enlisted members of the Regular Army who have demonstrated that they cannot or will not adapt socially or emotionally to military life because of lack of aptitude, ability, motivation or self-discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

   d. Army Regulation 635-200 further describes the different types of characterization of service.  It provides 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 the characterization of under other than honorable condition is authorized), or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  

   e. A member of a Reserve component who is not on active duty, or who is serving under a call or order to active duty for 180 days or less, begins entry-level status upon enlistment in a Reserve component.  Entry-level status of such a member of a Reserve component terminates (a) 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or (b) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty.  






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his character of service as honorable instead of uncharacterized.

2.  The evidence of record shows he entered IADT on 30 July 1984 and was released from IADT on 19 December 1984.  He completed 4 months and 20 days of active service and received an uncharacterized character of service. 

3.  The applicant was a USAR Soldier attending IADT; therefore, his entry-level status would have terminated 180 days after he entered IADT.  He served on active duty for a period of 140 days; therefore, he was still in an entry-level status at the time of release.  As a result, his DD Form 214 correctly shows his service as uncharacterized.  

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier did not serve on active duty long enough for his or her character of service to be rated.  

5.  The applicant was honorably discharged from the USAR on 3 June 1992; however, his honorable discharge occurred after he was separated from active duty and outside of the period covered by the DD Form 214.  Since the DD Form 214 captures information related to a Soldier's period of active duty, there is no basis for amending his DD Form 214 to reflect post-active duty events.  

6.  In view of the foregoing, there is no basis for granting 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)                                         AR20100000887



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ABCMR Record of Proceedings (cont)                                         AR20130017415



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