IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020178
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 instead of uncharacterized.
2. The applicant states he was discharged for medical reasons and his DD Form 214 shows that his discharge is uncharacterized. His DD Form 214 should be corrected to show honorable because it was a medical discharge. He got hurt and he is a disabled veteran, but his DD Form 214 still says his service was uncharacterized.
3. The applicant provides copies of the DD Form 214 and a Department of Veterans Affairs (VA) printout.
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 Regular Army on 4 June 1990. After completing 4 months and 14 days of net active service this period, he was discharged from the Army on 17 October 1990, due to physical disability.
3. Item number 24 (Character of Service) on his DD Form 214 shows his service as uncharacterized.
4. The applicant provides a VA printout showing compensation he has received.
5. Army Regulation 635-200 (Personnel Separations), paragraph 3-9a(1), states 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 characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.
6. Entry level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. However, the available records show that the applicant was on active duty for only 4 months and 14 days. He was in an entry-level status. According to the applicable regulation, a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status. The applicant had less than 180 days on active duty and his DD Form 214 properly shows his service as uncharacterized.
3. 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. The applicant may want to so inform any potential employers.
4. In view of the foregoing, there is no basis for granting 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) AR20130020178
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ABCMR Record of Proceedings (cont) AR20130020178
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