IN THE CASE OF:	  HUNTER, RONALD B. 

		BOARD DATE:	  12 June 2014 

		DOCKET NUMBER:  AR20130018799 


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:

* the character of his service as honorable 
* his service in Southwest Asia (SWA)  

2.  The applicant states he served in the Army and he was deployed to the Persian Gulf in 1990.  He also has an Honorable Discharge Certificate, but his DD Form 214 shows his service is "uncharacterized" instead of "honorable."  

3.  The applicant provides no additional 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 on 21 September 1989.  He was ordered to initial active duty for training (IADT) with a report date of 
29 November 1989.  

3.  A DD Form 214 shows he was released from active duty training in April 1990.  The exact dates of his entry and release from active duty cannot be determined due to the poor print quality of the DD Form 214.  The DD Form 214 further shows he completed approximately 4 months of active service and the character of his service is "uncharacterized."  Block 18 (Remarks) of the DD Form 214 does not reflect service in SWA.  

4.  There is no evidence in the applicant's available records that shows he deployed to SWA during the period covered by the DD Form 214 or during any other period of service.  

5.  No additional DD Forms 214 were located in the available evidence.

6.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  The applicant's name was not located in the DMDC data base.  

7.  Army Regulation 635-5 (Separation Documents), in effect during the period covered by the applicant's DD Form 214, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for preparation of the DD Form 214 and stated that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

8.  Army Regulation 635-200 (Personnel Separations-Enlisted Personnel), in effect at the time of the applicant's release from IADT, provided in paragraph 
3-9 that a separation will be described as entry level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when:

	a.  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.  

9.  Entry-level status is defined as the first 180 days of continuous active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the character of his service as honorable and to show his service in SWA has been carefully considered.  

2.  The evidence of record confirms he served approximately 4 months of active service while attending IADT.  As a result, his service was appropriately described as "uncharacterized" in accordance with the governing regulation at the time.  

3.  There is no evidence in the applicant's available records, and he provided none, indicating he deployed to SWA.  Additionally, his name is not included in the DMDC Operations Desert Shield/Desert Storm data base.  Therefore, there is insufficient evidence on which to base amending his DD Form 214 to show service in SWA.  

4.  For the applicant's information, 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 or her character of service to be rated.  

5.  Based on the foregoing, there is no basis to grant the applicant's 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)                                         AR20130018799



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ABCMR Record of Proceedings (cont)                                         AR20130018799



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