IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20130021727
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 an upgrade of his uncharacterized service to honorable service.
2. He states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows "Uncharacterized Discharge"; however, the letter from the Department of Veterans Affairs (VA) shows his character of service as "Honorable."
3. He provides his DD Form 214, discharge orders, temporary change of station (TCS) orders, letter from the VA, and Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 25 July 2001.
2. His discharge packet is not available for review. However, he provides a copy of his DD Form 214 that shows he was discharged on 20 December 2001 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 11, for entry level status performance and conduct with uncharacterized service. He completed 4 months and 26 days of active military service.
3. On 1 September 2006, the Army Discharge Review Board denied his request for an upgrade of his discharge.
4. He provided a letter from the VA, dated 18 November 2013, which indicates he entered active duty on 25 July 2001 and he was released from active duty on 20 December 2001 with service characterized as "Honorable."
5. Army Regulation 635-200, chapter 11, establishes policy and prescribes procedures for separating members because of unsatisfactory performance or conduct (or both) while in an entry level status. It states separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Entry level status is defined as the first 180 days of continuous active duty. It further states that the character of service for members separated under the provisions of this chapter will be uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's discharge packet is not available for review, it is presumed the separation authority appropriately directed the issuance of an uncharacterized discharge and the separation action was processed in accordance with the governing regulation.
2. He was in an entry level status at the time of discharge because he had served fewer than 180 days of active Federal service. The determination that the applicant's service was "uncharacterized" was in compliance with the Army regulation governing separation of Soldiers while in an entry level status. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.
3. Although the letter from the VA shows his character of service as "Honorable," there is no apparent error or injustice on which to base recharacterization of his service to show honorable.
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) AR20130021727
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ABCMR Record of Proceedings (cont) AR20130021727
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