BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090006476
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 the character of her service be changed to honorable.
2. The applicant states her discharge is uncharacterized instead of honorable.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Department of Veterans Affairs rating decision in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 25 February 2002 and entered initial active duty for training (IADT) on 15 May 2002. She was released from IADT on 29 August 2002 after completing 3 months and 15 days of active duty service.
2. The applicant's DD Form 214 shows in block 23 (Type of Separation) the entry "release from active duty training" and in block 24 (Character of Service) the entry "uncharacterized."
3. The DD Form 214 also shows in block 28 (Narrative Reason for Separation) the entry "Completion of Required Active Service."
4. Headquarters, 89th Regional Readiness Command, Wichita, Kansas, Orders 06-100-00017, dated 10 April 2006, discharged the applicant from the USAR effective 10 April 2006. These orders show her characterization of service as uncharacterized.
5. The specific facts and circumstances surrounding the applicant's discharge from the USAR are not available for review with this case.
6. The Army Discharge Review Board denied the applicant's request for a change in the character of her discharge on 25 July 2007.
7. The Department of Veterans Affairs rating decision provided by the applicant shows she was being evaluated for service-connected disabilities.
8. 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 periods 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 when they have completed IADT.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the characterization of her discharge should be changed from uncharacterized to honorable.
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 from the USAR is in error or otherwise contrary to law or regulations. Additionally, the specific facts and circumstances surrounding the applicant's discharge are not available for review. In the absence of evidence to the contrary, government regularity in the discharge process must be presumed in this case. Therefore, there is no basis to change the applicant's character of service as requested. As a point of 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) AR20090006476
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ABCMR Record of Proceedings (cont) AR20090006476
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