BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140001741
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 vice uncharacterized.
2. The applicant states, in effect, that he completed his Basic Combat Training (BCT) and Advanced Individual Training (AIT) and his characterization of service should be honorable.
3. The applicant provides his DD Form 214 dated 17 March 1989 and his U.S. Army Reserve (USAR) discharge orders dated 1 October 1998.
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. He enlisted in the USAR on 28 September 1988 and he entered active duty for training (ADT) on 9 November 1988 at Fort Leonard Wood, MO where he completed his initial training.
3. On 17 March 1989, he was released from active duty and assigned to a USAR unit in Houston, TX. At the time of separation he was issued a DD Form 214 which shows he was released from ADT upon completion of required active service with uncharacterized service. He completed 4 months and 9 days (or 129 days) of net active service this period.
4. He provides his USAR discharge orders, dated 1 October 1998, which show his characterization of service as "Honorable."
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 describes the different types of characterization of service. The version of the regulation in effect at the time of his separation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he entered ADT on 9 November 1989 and he was released from ADT on 17 March 1989, completing 129 days of net active service during this period and he received an uncharacterized character of service.
2. His honorable service in the USAR is not in question; however, the DD Form 214 is issued upon completion of "active duty" periods of service such as ADT. Because the applicant served only 129 days of ADT he was still in an entry-level status at the time of his separation. Therefore, his service was uncharacterized.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely shows the Soldier did not serve on active duty long enough for his or her character of service to be rated. 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) AR20140001741
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