IN THE CASE OF:
BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130019822
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 item 24 (Character of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
29 June 1989 be corrected to show honorable.
2. The applicant states:
* he was on active duty in 1990 and medically transferred to the Retired Reserve
* he had no idea uncharacterized meant dishonorable
* he had a medical condition
3. The applicant provides:
* his service personnel records
* a service medical record, dated 5 January 1991
* DD Form 214 for the period ending 29 June 1989
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 (USAR) on 12 January 1989 for a period of 8 years. He was ordered to active duty for training (ADT) on
21 February 1989. On 29 June 1989, he was released from ADT and he was transferred to his USAR unit to complete his remaining service obligation.
3. Item 24 (Character of Service) of his DD Form 214 for the period ending
29 June 1989 shows the entry "UNCHARACTERIZED."
4. On 11 October 1991, he was assigned to the USAR Control Group (Retired) for being medically disqualified for retention.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
6. It further states that chapter 4 provides for the discharge or release from active duty upon termination of enlistment and other periods of active duty or ADT. The regulation states that a separation will be described as an entry-level separation with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. Entry-level status is defined as the first 180 days of continuous active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was ordered to ADT in 1989 for a period of 4 months and 9 days. Since he was in an entry-level status when he was released from active duty in 1989, his character of service was uncharacterized which is properly reflected on his DD Form 214.
2. His contention that he had no idea uncharacterized meant dishonorable was noted. However, an uncharacterized discharge is not meant to be a negative reflection of a Soldiers military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request for an honorable discharge.
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) AR20130019822
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ABCMR Record of Proceedings (cont) AR20130019822
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