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
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ABCMR Record of Proceedings (cont) AR20130018121
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