Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130018121
Original file (20130018121.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	    10 June 2014

		DOCKET NUMBER:  AR20130018121 


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 received an honorable discharge from the New York Army National Guard (NYARNG) in July 2003.

3.  The applicant provides his DD Form 214, Honorable Discharge Certificate, and NYARNG discharge 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 enlisted in the NYARNG on 23 August 1991 for a period of 8 years.  He entered initial active duty for training (ADT) on 28 January 1992.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).

3.  He was released from ADT on 11 June 1992 to the control of his NYARNG unit.  He completed 4 months and 14 days (or 134 days) of creditable active service during this period.

4.  His DD Form 214 shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of expiration term of service.  Item 24 (Character of Service) contains the entry "UNCHARACTERIZED."

5.  He was separated from the ARNG on 1 July 1993 and he was transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.

6.  He again enlisted in the NYARNG on 16 July 2002.  He was honorably discharged from the ARNG on 15 July 2003.

7.  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 her separation stated an uncharacterized separation was an entry-level separation.  A separation is 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 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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered ADT on 28 January 1992 and he was released from ADT on 11 June 1992.  He completed 4 months and 14 days (134 days) of active service and was separated while in an entry-level status.

2.  As an ARNG Soldier attending ADT, his entry-level status would terminate 180 days after entering active duty.  As he served for 134 days and was still in an entry-level status at the time of his separation, he was not entitled to receive an honorable character of service.  His DD Form 214 properly shows his service as uncharacterized.

3.  The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect subsequent service in the ARNG or USAR.  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/her character of service to be rated.

4.  In view of the foregoing, he 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 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)                                         AR20130018121



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018121



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090000375

    Original file (20090000375.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 26 March 2009 DOCKET NUMBER: AR20090000375 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 he was issued at the time of his separation shows he was relieved from active duty in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations), by reason of expiration of term of service, with an “uncharacterized” character of service. A separation will be described as an entry-level separation if processing is initiated while a member...

  • ARMY | BCMR | CY2014 | 20140002209

    Original file (20140002209.txt) Auto-classification: Denied

    The applicant requests correction of the characterization of his service from uncharacterized to honorable. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 24 (Character of Service) the entry "UNCHARACTERIZED." It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

  • ARMY | BCMR | CY2014 | 20140003408

    Original file (20140003408.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her character of service as honorable vice uncharacterized. The DD Form 214 she was issued shows she was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of completion of required active service with an uncharacterized character of service. The DD Form 214 provides a record of a...

  • ARMY | BCMR | CY2013 | 20130007526

    Original file (20130007526.txt) Auto-classification: Denied

    The applicant requests correction of item 24 (Character of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "honorable" instead of "uncharacterized." The letter states VA records certified she "separated under honorable conditions from active duty military service." Chapter 4 (Separation for Expiration of Service Obligation) states the service of ARNG Soldiers in an entry-level status upon completion of IADT will be uncharacterized even though they...

  • ARMY | BCMR | CY2013 | 20130000508

    Original file (20130000508.txt) Auto-classification: Denied

    The applicant requests change of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 September 1990 from "uncharacterized" to "honorable." 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. A Soldier being separated upon...

  • ARMY | BCMR | CY2013 | 20130001472

    Original file (20130001472.txt) Auto-classification: Denied

    The applicant requests, in effect, change of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show something other than uncharacterized. 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. A Soldier being separated upon expiration of enlistment...

  • ARMY | BCMR | CY2013 | 20130012606

    Original file (20130012606.txt) Auto-classification: Denied

    The applicant requests item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 1991 be corrected to show his character of service as "honorable" instead of "uncharacterized." It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Since he was in an entry-level status when he was released from active duty in 1991, his character of service...

  • ARMY | BCMR | CY2013 | 20130017814

    Original file (20130017814.txt) Auto-classification: Denied

    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). 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...

  • ARMY | BCMR | CY2010 | 20100030310

    Original file (20100030310.txt) Auto-classification: Denied

    The applicant, the widow of the deceased former service member (FSM), requests the characterization of her husband's active service for initial active duty for training (IADT), completed on 17 September 1992, be changed to honorable. Because the FSM was in an entry-level status at the time of his release from active duty, his period of active service was properly determined to be uncharacterized in accordance with the regulation in effect at the time. Therefore, the Board determined that...

  • ARMY | BCMR | CY2008 | 20080011516

    Original file (20080011516.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests that the characterization of service on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “uncharacterized” to “honorable” and the reenlistment eligibility (RE) code be changed from "NA" to "RE-1." Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military...