IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20080019437
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 item 24 (Character of Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 November 1988 be changed to honorable.
2. The applicant states, in effect, that the uncharacterized character of service was done in error because she was never involved in any negative incidents and she completed her eight year U.S. Army Reserve (USAR) contract (six years active Reserves and two years inactive Reserves). She claims that there is no active duty time listed on her DD Form 214 to indicate her deployment status during Operation Desert Storm. She also indicates that she needs her DD Form 214 corrected in order to successfully be hired for future Federal employment and for entitlement to Department of Veterans Affairs (DVA) benefits.
3. The applicant provides a DD Form 214 for the period ending 23 November 1988 and an ARPC Form 606-E (Retirement Points) 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. On 12 March 1988, the applicant enlisted in the USAR for a period of 8 years. She was ordered to active duty on 12 July 1988 for training. On 23 November 1988, she was released from active duty and transferred to the USAR to complete her remaining service obligation. Her character of service was uncharacterized.
3. Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 23 November 1988 shows the entry "00 04 12" [4 months and 12 days]. Item 24 on this DD Form 214 shows the entry "UNCHARACTERIZED."
4. On 6 September 1996, the applicant was honorably discharged from the USAR.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the discharge or release from active duty upon termination of enlistment, and other periods of active duty or active duty for training. The regulation states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status. Entry level status is defined as the first 180 days of continuous active duty.
6. Army Regulation 635-200, paragraph 3-7a, provides that 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 members service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
7. DVA booklet, "Federal Benefits for Veterans and Dependents," 2008 Edition, states, in pertinent part, that under the law, DVA recognizes wartime service for the Gulf War from 2 August 1990 through a date to be set by law or Presidential Proclamation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her character of service should be changed to honorable was noted. However, there is no evidence of record, and the applicant provided no evidence, to support this contention.
2. Evidence of record shows the applicant was ordered to active duty for training for a period of 4 months and 12 days. Since the applicant was in an entry level status when she was released from active duty in 1988, her character of service was uncharacterized which is properly reflected in item 24 on her DD Form 214 for the period ending 23 November 1988. Therefore, there is no basis for granting her request to amend item 24.
3. An uncharacterized discharge is not meant to be a negative reflection of a Soldiers 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.
4. Although the applicant contends that there is no active duty time listed on her DD Form 214 for the period ending 23 November 1988 to indicate her deployment status during Operation Desert Storm, evidence of record shows that she served 4 months and 12 days of active duty which is properly reflected in item 12c on this DD Form 214. In addition, the Gulf War commenced on
2 August 1990, 20 months after her release from active duty.
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.
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