IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140002350 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 April 1996 to show his character of service as honorable instead of uncharacterized.

2.  Counsel states:

	a.  The applicant enlisted in the Army in January 1996 and he served a total of 3 months and 18 days on active duty.

	b.  During the course of the applicant's military career, his wife cheated on him with his commander.  His wife was also active duty military.  The emotional distress due to the affair caused him be in an unauthorized absence situation.  Upon his return from his unauthorized status, the applicant was processed out of the Army.

	c.  The applicant separated from the military on 20 April 1996 with an uncharacterized discharge.

	d.  Since his discharge, the applicant has started a non-profit youth developmental organization.  The mission of this organization is to build stronger communities by implementing extracurricular activities across the state of Georgia and beyond.  The applicant has also earned his Bachelor of Arts degree in Political Science.

	e.  The applicant's discharge is adversely affecting his ability to gain employment and his overall life.  He has proven he has an honest character and a desire to move forward in his career and life.  He has proven to be a valuable asset to his community and would like to further his commitment by continuing to serve the public.  Not only has he been endorsed as a valuable asset to his community by fellow members, but a Congressman has acknowledged that his non-profit organization provides an invaluable asset to the community for its accomplishments.

	f.  The applicant served his country with respect for 3 months and 18 days until he was discharged.

3.  Counsel provides:

* applicant's DD Form 214 for the period ending 20 April 1996
* applicant's résumé and biography
* Revive Athletics mission statement
* applicant's bachelor's degree
* four personal letters of recommendation

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 (USAR) on 29 November 1995 for a period of 8 years.  He was ordered to initial active duty for training (IADT) on 3 January 1996.  On 20 April 1996, he was released from IADT to the control of his USAR unit by reason of completion of required active service.

3.  Item 24 (Character of Service) of his DD Form 214 for the period ending 20 April 1996 shows the entry "UNCHARACTERIZED."

4.  Records show he was reassigned to the USAR Control Group (Annual Training) effective 13 May 1997.

5.  He subsequently enlisted in the Regular Army on 10 March 1998 and he was discharged under other than honorable conditions on 20 September 2000.

6.  Counsel provided four letters of recommendation from individuals endorsing his non-profit youth developmental organization.

7.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, provided for the discharge or release from active duty upon termination of enlistment and other periods of active duty or IADT.  The service of Army National Guard and USAR Soldiers who successfully complete a period of IADT to which ordered and who are in an entry-level status will be uncharacterized, even though they have completed their IADT successfully.  A separation is described as an entry-level separation if processing is initiated while a Soldier is in an entry-level status.  Entry-level status is defined as the first 180 days of continuous active service.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 USAR separated after completing IADT which resulted in the award of a military occupational specialty, even when the active duty period was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was ordered to IADT in 1996 for a period of 3 months and 16 days (106 days).  Since he was in an entry-level status when he was released from active duty in 1996, his service was uncharacterized and is properly reflected in item 24 of his DD Form 214 for this period.

2.  An uncharacterized separation 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 no basis for granting the 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)                                         AR20140002350



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002350



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1