IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140019558 


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 discharge be upgraded to honorable.

2.  The applicant states he wants his DD Form 214 to reflect an honorable characterization of service because people question the meaning of uncharacterized.

3.  The applicant provides copies of:

* DD Form 214 ending on 13 May 2005
* A letter from the Department of Veterans Affairs (VA), dated 5 December 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.  On 21 March 2000, the applicant enlisted in the Army National Guard.  He was immediately ordered to active duty for training.

3.  On 21 September 2001, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, in lieu of trial by court-martial for 52 days of lost time.  His DD Form 214 for this period of service shows he had completed 1 year, 4 months, and 9 days of active duty service.  His characterization of service was under other than honorable conditions.

4.  The applicant’s discharge was subsequently considered by the Army Discharge Review Board (ADRB).  The ADRB determined that the applicant’s misconduct (unauthorized absence) was mitigated by severe family problems and his efforts to protect a family member.  The applicant’s good post-service accomplishments were also considered.  On 5 March 2004, the ADRB directed an upgrade of the applicant’s characterization to honorable and that the reason and authority be shown as Secretarial Authority.

5.  On 5 January 2005, the applicant enlisted in the Regular Army.  On 13 May 2005, he was discharged.  His administrative discharge packet is not available for review.  His DD Form 214 indicates the narrative reason for his separation was entry level performance and conduct.  He had completed 4 months and 
9 days of creditable active duty during this period.  His service was uncharacterized.

6.  The VA letter, dated 5 December 2013, as provided by the applicant, indicates that the VA considers both periods of the applicant’s military service as being “honorable.”

7.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) effective 15 July 2004 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation provides for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status.  This provision applied to Soldiers in an entry level status whose separation may be warranted on the grounds of unsatisfactory performance and/or unsatisfactory conduct as evidenced by:

* could not adapt socially or emotionally to military life
* lacked the aptitude, ability, motivations or self discipline for military service
* failure to adapt to the military environment
* minor disciplinary infractions and have demonstrated character and behavior characteristics not compatible with satisfactory continued service

8.  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.  It further states the character of service for members separated under the provisions of chapter 11 will be uncharacterized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his uncharacterized discharge should be upgraded to honorable because people question the meaning of the word “uncharacterized.”

2.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

3.  The applicant has not made any argument that convincingly shows that what the Army did was wrong.  He has not shown any injustice or error in connection with the circumstances of his discharge.  The VA's handling of his second discharge as "honorable" is within their purview by law and is an insufficient argument for the Army to now upgrade his discharge.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier was not in the Army for more than 179 days and not long enough for his or her character of service to be identified as anything but uncharacterized.

5.  In view of the foregoing, his 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)                                         AR20140019558



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ABCMR Record of Proceedings (cont)                                         AR20140019558



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