BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017814 


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 that item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 4 December 1986 be corrected to show his service was honorable instead of Entry Level Status (ELS).

2.  The applicant states:

   a.  in order to buy back the time shown on the DD Form 214 in question, his character of service must be listed as honorable; and
   
   b.  it is possible that Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers did not receive a characterization of service for active duty training (ADT).

3.  The applicant provides a copy of his DD Form 214 issued on 4 December 1986.

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’s military records show enlisted in the USAR on 6 June 1986 and entered ADT on 28 August 1986.  He was trained in and awarded military occupational specialty 12B (Combat Engineer).

3.  On 4 December 1986, he was released from ADT and returned to his USAR unit.  The applicant's DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, chapter 4 by reason of expiration term of service (ETS).

4.  The applicant's DD Form 214 shows he completed 3 months and 7 days of active military service.  Item 24 contains the entry, “Entry Level Status.”  It also shows that he completed 2 months and 22 days of total prior inactive service.

5.  Army Regulation 635-200 (Personnel Separations) describes the different types of characterization of service.  Paragraph 3-9 (Uncharacterized Separation) 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 USAR Soldiers, entry level status begins upon enlistment in the ARNG or USAR.  It terminates:

* For Soldiers ordered to ADT for 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

6.  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.

7.  Army Regulation 635-200, chapter 4 provides that a Soldier will be separated upon the expiration of enlistment or the fulfillment of 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 applicant contends item 24 of his DD Form 214 issued on 4 December 1986 should be corrected to show the entry “honorable” instead of “Entry Level Status."

2.  By regulation, a separation will be described as entry-level with service uncharacterized if at the time of separation the Soldier has completed less than 180 days of continuous active duty service.  The evidence of record confirms the applicant was released from ADT under the provisions of chapter 4, Army Regulation 635-200, by reason of ETS, and that he served on active duty 
3 months and 7 days (93 days) plus 2 months and 22 days of prior inactive service for a total of 175 days, which is less than the 180 days.  Thus, the applicant's service is properly described as “Entry Level Status” in accordance with the applicable regulation, and there is an insufficient evidentiary basis to support granting the requested relief.

3.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers.






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)                                         AR20130017814





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ABCMR Record of Proceedings (cont)                                         AR20130017814



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