IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080013232
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, in effect, that the characterization of her service be changed from uncharacterized to honorable.
2. The applicant states, in effect, that she was informed the characterization of her of service needs to be modified because it is considered a red flag. She contends that when she was discharged from basic combat and advance individual training she was in good standing, so according to "the military installation" it should read honorable.
3. The applicant provides no additional documentary evidence in support of her application.
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 applicants 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 applicants 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 9 March 1993. She entered initial active duty for training (IADT) on 4 May 1993 and was released from IADT on 15 October 1993 after completing 5 months and 12 days of active service.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in block 23 (Type of Separation) the entry "Release from Active Duty for Training" and in block 24 (Character of Service) the entry "uncharacterized."
4. The DD 214 also shows in block 25 (Separation Authority) the entry "AR 635-200, Chapter 4" and in block 28 (Narrative Reason for Separation) the entry "Completion of Required Active Service."
5. U.S. Army Human Resources Command Order Number D-08-432906, dated 31 August 2004, discharged the applicant from the USAR. This order shows her characterization of service as honorable.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Chapter 4, in pertinent part, provides for the separation or release from active duty upon termination of enlistment and other period of active duty or active duty for training. Specifically, individuals of the USAR ordered to active duty who have completed less than 180 days of continuous active duty will have their service uncharacterized, even though they have completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show that she was honorably discharged.
2. The applicant did not complete 180 days of continuous active service prior to being released from IADT.
3. There is no evidence and the applicant has failed to provide evidence which shows that the "uncharacterized" discharge is in error or otherwise contrary to law or regulations. Therefore, there is no basis to change the applicant's character of service as requested. For the applicant's information, an uncharacterized discharge 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. It is not meant to be a negative reflection of the Soldier's service.
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) AR20080013232
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