DOCKET NUMBER: AR20100000372 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 following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 12b (Separation Date This Period) be changed from 28 July 1990 to 21 January 1997 * Item 12c (Net Active Service This Period) be updated as a result of the change to his separation date * Item 24 (Character of Service) be changed from uncharacterized to honorable 2. The applicant states his record has not been updated since his release from advanced individual training (AIT). 3. The applicant provides two letters addressed to the National Personnel Records Center (NPRC), DD Form 214 for the period ending 28 July 1990, and orders discharging him from the U.S. Army Reserve (USAR). 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 USAR on 21 January 1989 for 8 years. 3. The applicant was ordered to active duty for training (ADT) on 6 June 1990. He was released from ADT on 28 July 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, chapter 4 by reason of completion of ADT. On the following day, he was transferred back to his Reserve unit. 4. His DD Form 214 shows the following entries: * Item 12b - “90 07 28” * Item 12c - “00 01 23” * Item 24 - “Uncharacterized” 5. Orders published on 21 January 1997 show the applicant was honorably discharged from the USAR on 21 January 1997. 6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. 7. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. It states that Soldiers who are in an entry level status have completed no more than 180 days of continuous active duty. Entry level status is defined as the first 180 days of continuous active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his record has not been updated since his release from AIT is acknowledged. However, the evidence of record does not indicate that an error or injustice exists in this case. 2. The applicant enlisted in the USAR in January 1989. He was ordered to ADT on 6 June 1990 and was released from active duty on 28 July 1990 with service uncharacterized. He was discharged from the USAR on 21 January 1997. 3. Based on Army Regulation 635-5, the DD Form 214 is meant to reflect the applicant’s active Army service at the time of his release from active duty on 28 July 1990. Therefore, his DD Form 214 shows the correct separation date of 28 July 1990 in item 12b and there is no basis for amending the net active service in item 12c. 4. The applicant was in an entry level status at the time of separation from active duty on 28 July 1990 because he had served fewer than 180 days of active Federal service. The determination that the applicant's service was "uncharacterized" was in compliance with Army regulation governing separations of Soldiers while an in an entry level status. 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. Therefore, the applicant's DD Form 214 properly reflects his characterization of service as uncharacterized. 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) AR20100000372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100