IN THE CASE OF:	  

		BOARD DATE:	    25 September 2014

		DOCKET NUMBER:  AR20140003199 


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 that his uncharacterized release from active duty training (ADT) be upgraded to honorable.

2.  The applicant states there were no negative incidents in his service to warrant anything but an honorable characterization of service.  He had completed his advanced individual training (AIT), was advanced within 3 months, and was selected as the battalion Soldier of the Year.  He remains an active member of the U.S. Army Reserve (USAR) with over 23 years of service.

3.  The applicant provides copies of:

* A DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 9 September 1991
* A Memorandum from Department of the Army, Office of the Deputy Chief of Staff for Personnel (G-1) dated 13 September 2013
* Orders 70-18, Military Entrance Processing Station, Oakland, CA, dated 13 April 1991
* Diploma, Record Telecommunications Center Operator Course, dated      9 September 1991
* DA Form 4187 (Personnel Action), advancement to specialist, pay grade E-4, dated 30 November 1991
* Certificate of Achievement, 373rd Military Intelligence Battalion, dated11 January 1992


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.  On 14 February 1990, the applicant enlisted in the USAR for a period of 
8 years.  He opted for the alternate training program with basic combat training to commence in June 1990.

3.  The applicant was ordered to ADT on 3 July 1991.  He completed ADT on or about 9 September 1991.

4.  On 9 September 1991, the applicant was released from ADT and transferred back to the USAR.  His DD Form 214 shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4 with an uncharacterized character of service.  He completed 2 months and 
7 days during this period of ADT (approximately 67 days).

5.  The evidence provided by the applicant indicates that he wants this change of characterization in order to obtain credit towards his civilian retirement from the Office of Personnel Management (OPM).

6.  Army Regulation 635-200 describes the different types of characterization of service.

	a.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	b.  For USAR Soldiers, entry level status begins upon enlistment in the USAR.  It terminates:
* For Soldiers ordered to ADT for continuous period—180 days after beginning training
* For Soldiers ordered to ADT for the split or alternate training option—90 days after beginning Phase II (AIT); Soldiers completing Phase I (Basic Training or Basic Combat Training) remain in entry level status until 90 days after beginning Phase II

	c.  Entry level separations will normally be described as uncharacterized.

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR in February 1990.  He opted for the alternate training program and completed basic combat training in the summer of 1990.  In the summer of 1991, he was ordered to ADT for enrollment in AIT.  He completed 2 months and 7 days of ADT in 1991.

2.  The entry-level (uncharacterized) separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory."  An uncharacterized character of service 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.

3.  The applicant's desire to obtain civilian retirement credit for his military service is understandable; however, this is not an appropriate basis for changing his characterization.

4.  In view of the above, the applicant's request should be denied.



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)                                         AR20140003199





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ABCMR Record of Proceedings (cont)                                         AR20140003199



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