BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20130022107 


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 uncharacterized discharge to show his character of service as honorable.

2.  He states:

* His discharge status should be honorable, not an uncharacterized separation 
* He never received the paperwork that his report of separation shows was mailed to him
* He also was not aware that there was a base in the U.S. Virgin Islands
* He didn't find out this information until a few years ago when his employer requested his military records

3.  He provides his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 Army National Guard on 1 May 1987.

3.  He was ordered to initial active duty for training (IADT) on 4 July 1989 for approximately 8 weeks.

4.  He was released from IADT on 25 August 1989 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of completion of IADT with uncharacterized service.  At the completion of IADT, he was awarded military occupational specialty (MOS) 13B (Cannon Crewman).  His DD Form 214 shows he completed 1 month and 22 days of active duty service.

5.  He was discharged from the Indiana Army National Guard on 22 August 1994 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27x by reason of discharge of a Soldier who was an interstate transfer who fails to report to the gaining State with a general under honorable conditions discharge.  On the following date, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve military service obligation.

6.  USAR Personnel Center Orders D-04-640226, dated 30 April 1996, honorably discharged the applicant from the USAR effective 30 April 1996 under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel).

7.  Army Regulation 135-178 provides that entry-level status is defined as the first 180 days of continuous active service.  Entry-level service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry-level status.  Upon enlistment, a Soldier qualifies for entry-level status during:

	a.  the first 180 days of continuous active military service or

	b.  the first 180 days of continuous active service after a service break of more than 92 days of active service; and

	c.  a member of a Reserve Component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve Component.  Entry-level status for such a member of a Reserve Component terminates:

		(1)  180 days after beginning training if the Soldier is ordered to active duty for training for one continuous period of 180 days or more; or

		(2)  90 days after the beginning of the second period of active duty for training if the Soldier is ordered to active duty for training under a program that splits the training into two or more separate periods of active duty.

8.  Army Regulation 635-5 (Personnel Separations – Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 1-4 states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army.  Personnel included are members of the Army National Guard and the USAR separated:

	a.  for physical disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), regardless of the period of time served on active duty;

	b.  after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty for operational support; and

	c.  after completing IADT which resulted in the award of an MOS, even though the active duty was less than 90 days.  This includes completion of advanced individual training under the USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Army National Guard on 1 May 1987.  He was ordered to IADT on 4 July 1989 and was released from IADT on 25 August1989 (a period of 1 month and 22 days).  His period of active duty service was uncharacterized.

2.  He was in an entry-level status at the time of his separation from IADT because he completed 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 an 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 served on active duty long enough for his or her character of service to be rated.

3.  Since the applicant completed less than 180 days of active Federal service, his DD Form 214 properly reflects his service as uncharacterized.  Therefore, there is no basis for granting relief in this case.

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)                                         AR20130022107





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ABCMR Record of Proceedings (cont)                                         AR20130022107



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