IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140002248


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 he was a high school graduate or equivalent, he participated in Operation Iraqi Freedom/Operation Enduring Freedom, and his character of service was honorable.

2.  The applicant states, in effect, the information shown on his DD Form 214 is incorrect.

3.  The applicant provides:

* Department of Veterans Affairs (VA) letter, dated 12 February 2013
* Notification of VA Claim Decision
* VA Rating Decision, dated 2 February 2013

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 U.S. Army Reserve under the Delayed Entry Program on 26 April 1999.  In item 12 (Education) of his DD Form 1966 series (Record of Military Processing – Armed Forces of the United States) he listed his highest education level as 12B.  In item 22a(5) (Graduate) he checked the "YES" block acknowledging he was a graduate from San Juan, Puerto Rico.  In item 28e(2) (Education), he check the "Other" block and the words "Tier Eval" were entered.

3.  The applicant enlisted in the Regular Army on 4 August 1999.

4.  The applicant was counseled on at least four separate occasions between 14 September 1999 and 4 December 1999 for failure to meet standards, failure to display academic progress, failure to be at his appointed place of duty, and lack of motivation and teamwork.

5.  On 22 November 1999, the applicant was notified that he was being placed on academic probation for three consecutive book quiz failures, insufficient "ECL" progress.  He was told he would be removed from probation when he achieved four consecutive book quiz scores of 70 or above and was certified as language qualified.

6.  On 6 December 1999, the applicant was notified that action to separate him from the Army for failure to adapt socially and emotionally to military life was being initiated.  He acknowledged receipt of the notification and after consulting with counsel he elected to submit a statement in his own behalf.  However, a review of the available record fails to reveal any statement he may have submitted.

7.  The appropriate authority approved the recommendation for discharge and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 11 due to entry level performance and conduct.

8.  On 30 December 1999, the applicant was accordingly, discharged.  He completed 4 months and 27 days of net active service.  The DD Form 214 he received shows the following:

* Item 12f (Foreign Service) – "0000 Years, 00 Months, 00 Days"
* Item 15b (High School Graduate or Equivalent) – "NO"
* Item 24 (Character of Service) – "Uncharacterized"

9.  A review of the applicant's records failed to show he had any foreign service while he was in the Army.

10.  On 26 August 2008, the Army Discharge Review Board denied the applicant's request to change his character of service.

11.  The VA Rating Decision, provided by applicant, shows he was awarded a service-connected disability.

12.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.  It stated in item 12f enter from the Enlisted Record Brief the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).

13.  Army Regulation 635-200 (Personnel Separations), paragraph 3-9a(1), states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

14.  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.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant did have documents showing he was a high school graduate or equivalent at the time of his enlistment in the Army.  His DD Form 214 should be corrected to show this information.

2.  However, there is no evidence in the available record showing that he had any foreign service.  His DD Form 214 properly reflects this information.

3.  The available records show that the applicant was on active duty for only 4 months and 27 days.  He was in an entry-level status.  According to the applicable regulation, a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status.  The applicant had less than 180 days on active duty and his DD Form 214 properly shows his service as uncharacterized.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  The applicant may want to so inform any potential employers.

5.  In view of the foregoing, the applicant records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 15b of his DD Form 214 to show he was a high school graduate or equivalent.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he had foreign service and that his character of service was honorable.



      _______ _   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)                                         AR20140002248



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ABCMR Record of Proceedings (cont)                                         AR20140002248



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