IN THE CASE OF:	  

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020238 


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 change of item 24 (Character of Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 March 1991 to show his character of service as honorable instead of uncharacterized.

2.  The applicant states:

	a.  his character of service is an incomplete entry level character of service.

	b.  he is currently an Army Reservist serving honorably and has served on Regular Army (RA) active duty and as an Army National Guardsman.

	c.  his DD Forms 214 and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) show an honorable track record after 1991.  He served honorably completing basic training in 1990 from Fort Jackson, SC and he served honorably at Fort Gordon, GA in 1991.  About half way through his advanced individual training in March 1991 he got word of his Dad's failing health via his sister.  He was given orders to be discharged so he could help his sister with his Dad.  He passed away that year in September 1991.

	d.  he missed the Army way of life and he returned to active duty in 1994.  He is not only a Soldier, but he is a pastor who stands for integrity. 



3.  The applicant provides:

* DD Forms 214 for the periods ending 7 March 1991, 15 January 1999, and 27 October 2012
* NGB Form 22
* Documentation from his father's funeral in September 1991
* Pastor credentials

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's 1990/1991 military records are not available for review.  His record is void of the specific facts and circumstances surrounding his discharge action in 1991.  However, this case is being considered using reconstructed records that primarily consists of the records provided by the applicant.

3.  His DD Form 214 for the period ending 7 March 1991 shows he enlisted in the RA on 5 October 1990.  On 7 March 1991, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 11-3, by reason of entry level performance and conduct.  He completed 5 months and 3 days of creditable active service.

4.  Item 24 of his DD Form 214 for the period ending 7 March 1991 shows the entry "Uncharacterized."

5.  He subsequently served in the RA and Ohio Army National Guard.  He is currently serving in the U.S. Army Reserve in the rank of staff sergeant.




6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation, in effect at the time, provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry level status.  This provision of regulation applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation, or self discipline for military service, or they had demonstrated characteristics not compatible with satisfactory continued service.  The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline.  The regulation required an uncharacterized description of service for separation under this chapter.

7.  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.-

8.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the character of service shown on his DD Form 214 for the period ending 7 March 1991 is incomplete.

2.  In the absence of evidence to the contrary it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations.  The available evidence shows he was discharged for entry level performance and conduct.  Since he was in an entry-level status when he was discharged from the RA in 1991, his character of service was uncharacterized which is properly shown in item 24 of his DD Form 214.  

3.  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 long enough for his or her character of service to be rated.

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)                                         AR20130020238





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ABCMR Record of Proceedings (cont)                                         AR20130020238



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