IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002031
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 the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 24 (Character of Service) honorable vice uncharacterized.
2. The applicant states his discharge needs to be changed to honorable due to a leg injury that happened in basic training (BT).
3. The applicant provides his DD Form 214.
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 Regular Army on 19 March 1999. On 19 March 1999, he was assigned to the 30th Adjutant General Reception Battalion, Fort Benning, GA. He was subsequently assigned for BT to the 1st Battalion, 38th Infantry Regiment, Fort Benning.
3. On 28 April 1999, he was reported as absent without leave (AWOL) from his assigned unit. On 5 May 1999, he was returned to military control and his assigned unit.
4. The complete facts and circumstances surrounding his discharge processing are not available for review with this case. However, on 26 May 1999 he was placed on excess leave while awaiting his separation action.
5. Orders 159-2222, dated 8 June 1999, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, assigned him to the Fort Benning Transition Point with a report dated of 9 June 1999 and a discharge date of 10 June 1999. On 10 June 1999, he was discharged accordingly.
6. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct with an uncharacterized character of service. He completed 2 months and 15 days (75) of net active service with 7 days of lost time due to being AWOL.
7. His available medical record is void of any evidence that shows he was treated for leg injury/problem during his active duty service.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action was initiated. Chapter 11, of the version in effect at the time, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, as evidenced by inability while in an entry level status.
DISCUSSION AND CONCLUSIONS:
1. Although the specific facts and circumstances surrounding the applicant's discharge are not known, it appears his separation action was initiated due to his going AWOL while in BT. As he was separated on 10 June 1999, prior to completing 180 days of active service, he was still in an entry-level status at that time. Therefore, he correctly received an uncharacterized character of service.
2. An entry-level status discharge 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 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) AR20150002031
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