IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140000895
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, in effect, correction of the characterization of his discharge.
2. The applicant states, in effect:
a. He was detained by the Joliet Police Department and questioned about missing liquor in 1992. He was 18 years old when this happened. He explained the situation to his lieutenant when he was being recruited, but his lieutenant told him being detained and being arrested are two different things.
b. He believes this was an unjust reason for his dismissal. He completed basic training and his mother and brother came from Ohio to see him graduate. However, minutes before graduation he was pulled out of ranks and given the unfortunate news that he could not participate in the graduation ceremony. He was emotionally crushed and he still feels the effects 17 years later.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 military records are not available for review. His records are void of the specific facts and circumstances surrounding his discharge action in 1996. This case is being considered using reconstructed records that primarily consist of the records provided by the applicant.
3. His DD Form 214 shows:
* he was ordered to active duty for training on 31 October 1995 from the Army National Guard (ARNG)
* he was released from active duty for training and discharged from the Reserve of the Army and returned to the ARNG
* he completed 3 months and 2 days (92 days) of creditable active service
* his service was uncharacterized
* he was separated for miscellaneous/general reasons
4. Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 4, in effect at the time, provided for the discharge or release from active duty upon termination of enlistment and other periods of active duty or initial active duty for training. A separation would be described as an entry-level separation with service uncharacterized if processing was initiated while a Soldier was in an entry-level status. Entry-level status is defined as the first 180 days of continuous active service.
5. Army Regulation 635-200 further stated an ARNG Soldier who was being separated for any reason for which a Regular Army Soldier would be discharged would be discharged from his or her Reserve of the Army status. The Soldier would be returned to the appropriate State National Guard authorities for discharge from the ARNG.
DISCUSSION AND CONCLUSIONS:
1. 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. Without the discharge packet to consider, it is presumed the authority and reason for his discharge were commensurate with his overall record of service.
2. 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. In view of the foregoing, there is an insufficient evidentiary 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 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) AR20140000895
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ABCMR Record of Proceedings (cont) AR20140000895
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